Image Rights In the UK: Using Photos And People’s Likeness Legally

If you run a small business, images probably sit right at the centre of your marketing. Product photos, staff headshots, customer testimonials, event videos, behind-the-scenes clips, influencer content - it all helps you sell.

But here’s the tricky part: the UK doesn’t have a single, neat “image rights law” that tells you exactly what you can and can’t do. Instead, “image rights” is a practical label for a bundle of legal rights that can apply when you use a photo, video, or someone’s likeness in your business.

This guide explains what image rights are in a UK context, what legal risks small businesses commonly face, and how you can use photos and people’s likeness lawfully (without killing your marketing momentum).

What Are Image Rights (In Plain English)?

When people ask what image rights are, they’re usually talking about the rules around using:

• photos (including product shots, portraits, lifestyle images);
• videos (including reels, ads, CCTV footage, event filming);
• a person’s likeness (their face, distinctive look, voice, name, signature style); and
• branding elements connected to a person (for example, a recognisable public figure’s identity).

From a business perspective, “image rights” typically comes down to two big questions:

• Do you have the right to use the image itself? (This is often a copyright question.)
• Do you have the right to use the person shown in the image? (This can involve privacy, data protection, misleading advertising, and reputation issues.)

It’s completely possible to “own” a photo file (or even have paid for a shoot) and still not have the right to use that image in advertising if you didn’t clear the right permissions from the people appearing in it.

Do Image Rights Exist As A Single Law In The UK?

Not really. Unlike some countries, the UK doesn’t have a single, standalone “image rights” statute that gives every person a clear property right over their image.

Instead, UK image-related disputes are usually handled through a mix of legal tools, depending on what went wrong. For small businesses, the most common ones are:

• Copyright law (who owns the rights in the photo/video);
• UK GDPR and the Data Protection Act 2018 (images can be personal data);
• Privacy/confidence (especially if the context is private);
• Passing off (if your use implies endorsement or a commercial connection);
• Trade marks (sometimes a name/brand/phrase connected to a person is protected);
• Defamation and malicious falsehood (if an image implies something damaging); and
• Consumer protection rules (if marketing is misleading).

So when you’re thinking about image rights, it’s less “is it legal to use this photo?” and more “which laws could this use trigger, and have we done the right checks?”

Which UK Laws Matter Most When Your Business Uses Photos Or Videos?

If you want to manage image rights properly, it helps to separate the issues into two buckets: rights in the content and rights of the people featured.

1) Copyright: Who Owns The Photo Or Video?

In many disputes, the first question is copyright. In the UK, copyright usually belongs to the person who created the work (for example, the photographer or videographer), unless:

• copyright has been assigned to you in writing; or
• the work was created by an employee in the course of employment (there are nuances, but this is often the starting point).

Practical example: you hire a freelance photographer to shoot your café. You pay the invoice. You receive the image files. That doesn’t automatically mean you can use the photos forever, on any platform, in paid ads, on packaging, and in future campaigns. You need a licence (or an assignment) that matches what you plan to do.

Even where a photographer is happy for you to use the content, having it clearly documented prevents future misunderstandings - especially if you later expand into new marketing channels.

If you’re dealing with online content generally, it’s worth tightening your practices around content ownership and permissions, including your approach to website copyright.

2) Data Protection (UK GDPR): Photos Can Be Personal Data

If a person can be identified from an image (even indirectly), that image can be personal data. That means your business needs to think about UK GDPR obligations, such as:

• having a lawful basis for using the image (for example, legitimate interests, or consent in some scenarios);
• being transparent about what you’re doing (often through a privacy notice);
• only using images for the purpose you collected them for; and
• keeping images secure and not retaining them for longer than necessary.

This matters most where you’re filming or photographing members of the public, customers, patients/clients, or children - and where the use goes beyond a purely personal/household activity and becomes a business activity (marketing, analytics, security, training, etc.).

3) Privacy And Confidentiality: Context Matters

Even in public-facing businesses, you can’t assume “anything goes”. If an image captures something sensitive (for example, a customer receiving a treatment, or information displayed on screens), you can create privacy/confidentiality risk even if the shot was taken in your premises.

For content creators and brands doing street interviews or public filming, it’s still important to understand the practical boundaries around filming people in public, especially once you start using the footage commercially.

4) Passing Off And Misleading Endorsement: Don’t Suggest A Connection That Isn’t Real

Passing off is a key risk for businesses because it can apply when your use of a person’s image implies:

• they endorse your product/service;
• they’re affiliated with your business; or
• your business is “official” or connected to them in some way.

You don’t need to literally say “this person endorses us” for a problem to arise - the overall impression of the advert matters.

Practical example: you repost a photo of a well-known local athlete wearing your branded hoodie. If you use it in a paid ad with “Shop Now” and no permission, it may look like they’re a brand ambassador. That’s where risk ramps up quickly.

5) Defamation And Reputation Risks

If an image (or the caption/context you add) implies something damaging about a person, you can drift into defamation territory. This is especially relevant for:

• “caught on camera” posts involving alleged misconduct;
• before/after content in sensitive industries; and
• naming individuals in complaint-style posts.

Even if you feel you’re “telling your side”, the legal and commercial risk can be significant - and it often escalates fast on social media.

When Do You Need Consent To Use Someone’s Image?

One of the most common business questions is: “Do we actually need consent?”

There isn’t a one-size-fits-all answer, because “consent” can mean different things depending on the legal issue:

• Copyright permission from the photographer/videographer (a licence or assignment);
• Model or participant consent from the person featured (often via a release); and
• a lawful basis under UK GDPR for using the image (consent is one option, but not the only one).

In practice, for marketing use, getting written permission is often the safest and simplest approach - particularly where images will be used in ads, on packaging, in paid social, or across multiple campaigns.

Using Customers’ Photos (UGC And Testimonials)

User-generated content can be gold for a small business - but don’t assume that because something is posted publicly, you’re free to use it commercially.

A sensible approach is to:

• ask the customer for written permission to repost and use their content in your marketing;
• be clear about where you’ll use it (Instagram, website, email marketing, paid ads); and
• keep a record of that permission.

If you’re collecting and storing customer images (even screenshots), remember that may also trigger data protection considerations.

Using Employees’ Images (Websites, Social Media, ID Badges)

Employee images often feel “easy” because they’re part of your team - but you should still treat it carefully, because it’s personal data and it’s tied to your employment relationship.

Consider:

• setting this out clearly in writing (for example, in staff documentation and your Employment Contract), including what images will be used for and where;
• using an appropriate UK GDPR lawful basis (in many cases, employers rely on legitimate interests rather than consent, because consent may not be freely given in an employment relationship);
• limiting use where an employee has raised safety concerns; and
• agreeing what happens to team images when someone leaves (for example, whether older marketing materials can still be used for a period).

This is particularly important if you’ll continue using old team photos after someone leaves - you’ll want a clean, documented permission pathway to avoid conflict later.

Using Influencers, Models, Or Actors

If you’re paying (or gifting) someone to appear in content, you should almost always use a release-style agreement that covers how you can use the content going forward.

Two documents that commonly come up are:

• a Model Release Form (focused on permission to use someone’s likeness); and
• commercial terms covering deliverables, usage rights, exclusivity, and approvals (often in an influencer or services agreement).

This is one of those areas where “we’ll just sort it out over DMs” can backfire. A quick written agreement upfront is usually far cheaper than re-editing a campaign later.

Filming On Your Premises (Events, Studios, Gyms, Clinics)

When you film on private premises, you can set conditions of entry (like “filming is taking place”). But you still need to be careful about how you use that footage, especially if people are identifiable and you’re using it for marketing.

Practical steps include:

• clear signage at entry points;
• a consent capture process for identifiable participants (especially close-ups);
• staff training so your team know what to do if someone objects; and
• extra caution around children and vulnerable individuals.

If your footage captures audio too, that introduces added privacy risk - and it’s worth understanding the basics around recording conversations before you rely on audio content in marketing or internal investigations.

How Do You Actually “Clear” Image Rights? A Practical Business Checklist

When you’re moving quickly (launching a campaign, posting daily, working with creators), you need a repeatable process - not a legal deep dive every time someone hands you a photo.

Here’s a practical checklist you can use to reduce risk.

Step 1: Confirm Who Created The Content

Ask:

• Was it taken by an employee, contractor, agency, or customer?
• Do you have a written agreement covering copyright ownership or licensing?
• Does the licence cover commercial use, paid ads, editing, and sub-licensing (if needed)?

If you don’t know the answers, treat the image as “not cleared” until you confirm.

Step 2: Identify Everyone Featured (And The Setting)

Next, look at the content itself:

• Are people clearly identifiable?
• Is it a private or sensitive context (health, children, financial info, home address visible)?
• Are there logos, artwork, posters, or screens visible in the background?

Sometimes the “risk” isn’t the person front-and-centre - it’s the background detail.

Step 3: Get The Right Permission In Writing

For identifiable people, written permission is usually the cleanest approach for marketing content. That can be captured via a signed form such as a Photography Consent Form, or via your booking terms/event terms where appropriate.

Make sure the permission covers:

• the platforms you’ll use (website, socials, email, print, paid ads);
• whether you can edit the content (cropping, filters, subtitles);
• how long you can use it for; and
• whether you can use it worldwide (important for online marketing).

Step 4: Don’t Ignore “Copyright Troll” Style Claims

Small businesses often get caught off guard by copyright enforcement letters over images used on websites or blogs.

If you receive a claim, don’t panic - but do take it seriously. You’ll want to quickly establish:

• where the image came from;
• what licence (if any) you had at the time; and
• how the image was used (commercial use can affect the claim value).

This is a common issue in website marketing, and it’s worth understanding the landscape around PicRights claims and how to respond sensibly.

Step 5: Use Clear Notices And Brand Hygiene (Where Appropriate)

Notices won’t magically create rights you don’t have - but they can help set expectations and reduce casual misuse of your content.

For example, if your business creates original photography, you might use a simple copyright notice on your website footer or content pages.

This won’t replace contracts and licences, but it can be a helpful layer in your overall IP protection strategy.

Common Small Business Mistakes With Image Rights (And How To Avoid Them)

Most image rights problems aren’t caused by bad intentions. They’re caused by rushed marketing, unclear ownership, or assumptions like “it’s on Google so it must be free”.

Here are a few of the most common pitfalls we see.

Mistake 1: Paying For A Shoot And Assuming You Own Everything

Payment alone doesn’t equal copyright ownership. Make sure your agreement with photographers/videographers clearly covers usage rights and (if needed) assignment.

Mistake 2: Reposting Customer Content Without Asking

Even if it feels like a compliment, turning someone’s post into a paid advert without permission is where complaints and disputes often start.

Mistake 3: Using “Crowd Shots” As A Shortcut

Wide crowd shots can still identify individuals - and the risk increases when the context is sensitive (gyms, clinics, support groups, children’s events). Build a simple consent process you can actually follow in real life.

Mistake 4: Accidentally Suggesting Endorsement

If you’re featuring someone recognisable, you need to be extra cautious about how the content is framed. Avoid captions and layouts that imply partnership, sponsorship, or endorsement unless it’s true and documented.

Mistake 5: Forgetting The “Background Copyright” Problem

Posters, artworks, TV screens, and even music in the background of videos can create rights issues. A quick “background scan” before you post can save a lot of trouble later.

Key Takeaways

• “Image rights” in the UK isn’t one single law - it’s a mix of copyright, data protection, privacy/confidence, passing off, and reputation-related risks.
• Copyright usually sits with the creator (often the photographer/videographer) unless you have a written assignment or a clear licence covering your intended use.
• If someone is identifiable in an image, the image can be personal data, which means UK GDPR and the Data Protection Act 2018 may apply to how you collect, use, store, and publish it.
• For marketing use, written permission is often the safest option, especially for employees, influencers/models, customers, and content used in paid ads.
• Avoid implying endorsement - even subtle suggestions of affiliation can create legal risk, particularly with recognisable individuals.
• Build a repeatable clearance process so your team can move fast while still protecting the business from takedowns, disputes, and unexpected claims.

If you’d like help putting the right permissions and documents in place for your marketing - or you’ve received a complaint or copyright claim and need to respond carefully - you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.