Creative Services Image Library
Photography and Filming Policy Advisory Images of individuals, whether in still photographs or moving film images, will often be caught by the definition of personal data in the Data Protection Act 1998. In some cases consent from the individuals will need to be obtained in order to process (capture and use) the images fairly and lawfully. In most cases any image taken for Editorial purposes promoting the Universi can be used without restriction however there are some ambiguous areas covering Advertising and 3rd Par use.
Consent and Location forms
Taking and using photographs or film footage of people without their consent could in certain situations constitute a breach of the Act. Before taking photographs or filming for Universi purposes, we should where possible use the pertinent Release Forms/Filming Notices where appropriate. However, where possible we should strive to display our Location Photography Notice for Filming/Photography on campus while engaged in photographic or Video activities.
Fly on the Wall Photography and Filming on UOD Campus
As the Universi is accessible to the public, areas such as the campus, ISE, etc will be considered to be public areas, and Universi of Dundee Staff Photographers are able to film or take pictures there and also incidentally capture passers-by in the background, without the need to get their consent. The Universi does however have the right to prohibit 3rd par photographers from capturing images on campus without the express pre-arranged permission of the University.
Photographing and filming set up individuals or small groups
Best practice would be to try wherever possible, obtain written consent via a release form should always be sought from people whose images are the focus of the photograph or Video. Where a photograph or film involves individuals other than the main subject, then in some circumstances their consent will also be needed. To ensure compliance with the Act: • ensure all those involved are happy to be photographed or filmed and understand how the images/film will be used and for what purpose. • Get all individuals or class to complete our release form.
Photographing and filming large groups such as lectures
If we are filming or taking pictures of a lecture delivered to a large group of registered students as part of their course of study, it is not normally necessary to ask all those in attendance to complete a consent form. However, if it is a public or one-off lecture or it is to be made available on the web you need to consider both copyright and consent issues.
• Get the presenter to sign the consent form prior to recording. They must ensure that they do not include in their presentation any material which belongs to a third par , unless they have permission or a licence to do so.
• The Consent form also permits the Universi to use the lecture content and any of the lecturer's performance rights.
• If any students or members of the audience participate in the lecture, for example, if they deliver a presentation they also need to sign the consent form to licence copyright and performance rights. Consent
• Display a Location Photography Notice notice to flag up that photography or filming is going to be taking place.
• Verbally tell all those present that you will be photographing or filming in the group, before starting to do so, so that any individuals who wish to opt out may leave or move to the back, if appropriate.
Copyright assets Photographs, film, sound recordings and still images are all protected by copyright.
The University is the owner of copyright in recordings it makes but our academics may own copyright in their scholarly output and this includes the underlying lecture materials (such as Power Point slides) and the content of the lecture (when fixed by a recording). The University has the automatic right to use those copyright works for its legitimate purposes. We must ensure that any third par material captured in the course of filming or taking photographs does not breach copyright, by being satisfied that the Universi is permitted to use such material for this purpose. We should check if the Universi holds a licence which permits limited use of certain copyright material, for example to distribute copies to registered students.
Martin this is what I sent to Rebecca recently: Although in some cases it is an implicit requirement to obtain a signed release and at all times deemed good practice to obtain consent where possible, In this case (Nursing Fair) there is no legal requirement according to the 1998 Data Protection Act to do so. In most of the scenarios the team will photograph the following criteria will apply: “images captured in locations where there can be no reasonable expectation of privacy, the photographer does not need the permission of the individual(s) who appear in that photograph in order to publish it online, in a newspaper, textbook or in a magazine.
The Data Protection Act includes a ‘special purposes’ exemption and such publication would not constitute a breach of the right to privacy. The general term for such usage is ‘editorial’ and the photographer can pass on or sell their work for that purpose (and may use the images for the purpose of artistic expression). Good examples include news reporters, event photographers. Where photographs are being taken at an event attended by large crowds within a public area, such as a sports event or a festival, the consent of all the attendees is not necessary. But the photographs must not be used out of context, and there must be no reason to believe that damage or distress could potentially be caused to the people appearing in the photographs.
If photographs are being captured at an event attended by large crowds within a private area, such as a private par , then it is advisable that the attendees are informed of the photographer’s presence. This could be made apparent on event invitation cards or displaying appropriate notice signs at the event. The notice should identify the photographer, how the photographs will be used and that people should make themselves known if they do not want to appear in publici materials.”
Classroom & Campus
We try where possible to obtain releases for all work in classrooms as it could be argued morally there is a slight ambigui about these images unless the student agrees (although technically they are still useable by us and if they are on Universi Proper they fall under the same rules as the public places rules if it’s the Universi Staff taking images). Where possible, we strive to acquire appropriate release forms or at the very least use an opt-out approach when photographing in class. When photographing at the class we get the Lecturer inform the group of the purpose of the photography and how the photographs are to be used and give people time to opt-out of being photographed if they wish. To this end we also get the Lecturer to sign a class release form.