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FREQUENTLY ASKED QUESTIONS ABOUT THE PHOTO-IMAGE CONSENT FORM

(NOTE: It is at least a hundred times easier to get the form filled out at the time the photo is taken than at any time afterward.)

  1. What is the the Photo-Image Consent Form?
    • It is a document authorizing the use of a photo taken by you, or a photographer hired by you or your unit, to appear in a UK publication or anywhere on the UK Web site.
  2. Do I need to use the Photo-Image Consent Form and why?
    • Yes. If you take photos of anyone and use it in a UK publication or on a UK Web site you must obtain the subject’s permission. This form completes that step.
    • While in some instances you might legally be able to use the photo without consent, due to the risk of ill will, demands for removal, or even litigation, the University’s policy is to always obtain a consent form before taking identifiable photographs.
  3. Where can I get the Photo-Image Consent Form?
  4. Who do I get to sign the form?
    • Everyone -- students, campus visitors, faculty, staff, patients – must consent for their image to be used by the university.
    • Faculty and staff do not provide permission as part of the hiring process. A department, as it chooses, may obtain general permission at the time of hiring.
  5. When do I not need the consent form?
    • You do not need the consent form for group shots or crowd shots such as the crowd at a football game or students at Commencement.
    • You also do not need the form if the person is not identifiable.
    • Greater latitude is permitted for current news photographs, but as such photos are frequently useful for later uses or publications, a consent form is still preferable.
  6. What about the "minor child" wording on the form?
    • If the person signing is not a "minor child" you may cross out those words and put your initials next to what you crossed out.
  7. How can I use the photos or images after I get the form signed?
    • When this form is properly filled out and signed, you may put the image of that person to various uses -- on the UK Web, on brochures, on fliers, etc.
    • However, just because a picture is on the Web does not mean you can assume anyone can use it. You must get permission from the owner of the photo before you place the photo anywhere else.
  8. What is to be done with the form after the photos are finished?
    • Make two copies (three or more if the people in the photo request one). Send one to UK Public Relations, 102 Mathews Building, 0047. Keep the original for your records.
    • If someone else takes the photo, have them send the form to you, not Public Relations. Then, you can complete the above steps. Having the photographer send the form to PR could mean that you will not have a copy.
  9. If I put a photo on the Web that has already appeared in a UK publication do I need to get permission again?
    • No, but you should get permission from the UK unit that took the photo and a copy of the form they have filled out before you post it to your Web site. If they cannot provide that permission, you may not use the photo.
  10. Do I have to go back and get permission for photos that are already on my site?  What if the person is no longer with UK?  What if he/she is deceased?
    • When obtaining permission is relatively simple, such as with current faculty and staff, you are best served to get that permission retroactively.
    • In general, use your best judgment for any other photos.
    • In many instances, permission may have been lost or never obtained, but seeking it is not possible and you or your unit are confident it is not a problem.
    • If in doubt, do not use the photo, or contact the Webmaster or the UK Public Relations Office for more advice.
  11. What should I do if someone wants to use a photo on my site?
    • Generally, for other on-campus uses, you should grant permission unless there is a valid reason for restricting the use. You may request proper attribution be given to your unit.
    • For off-campus uses, check the terms of the consent form, off-campus uses are usually not covered, so you should decline the request.
  12. What if the person will not provide blanket permission?
    • Public Relations generally only uses a photo if it can obtain blanket permission for its use. This practice is recommended because it can be unwieldy to keep track of the many permitted uses. Although specific permissions are discouraged for this reason, you are free to obtain them if you wish. (This is another reason you may not copy and use photos from other UK web sites without verifying that a consent form exists, in a few instances, consents are very limited).
  13. Must I use this form for permission?
    • Yes, unless you obtain advance approval from the UK Office of Legal Counsel.
    • It is the only form for this purpose that has been pre-approved by the UK Office of Legal Counsel.
  14. What if I take photos around campus, do I have to obtain permission from anyone who wanders into the shot?
    • If the participants are not reasonably identifiable, you may always use the photos. In other instances, if the individual is identifiable but only incidentally in the photo, caution is needed, obtain consents where possible.
  15. What about photos of camps, tours or other events which people have to sign up for?
    • It does not matter if the person signed up for the tour, the same rules apply.
  16. Can I just scan the photo from the sleeve of a person's book without obtaining permission?
    • No. In addition to the fact that you do not have the individual’s permission to use his/her image, this would also be a copyright violation.
  17. Are there special considerations for photos taken in and around the Medical Center?
    • Yes. If the person is a patient, and the photo in any way deals with medical treatment or in any way identifies the person as a patient, you must also address the health care aspects of the photo and obtain a different, HIPAA compliant release which may be obtained from Public Relations or the University’s Privacy Officer.
  18. Do I have to get permission if there is no way to determine who an individual is from the photo such as a shot of their back?
    • If the person is not identifiable, no permission is needed.

 

    

 

  
   
    Updated 7/13/07 by Chuck Ham