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 University  can be used without restriction however there are some ambiguous areas covering Advertising and 3rd party  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. 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 University  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 University  does however have the right to prohibit 3rd party  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.

Copyright

• 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 party, unless they have permission or a licence to do so.

• The Consent form also permits the University  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 party  material captured in the course of filming or taking photographs does not breach copyright, by being satisfied that the University  is permitted to use such material for this purpose. We should check if the University  holds a licence which permits limited use of certain copyright material, for example to distribute copies to registered students.