From: Anna Maurer (annam@uclink.berkeley.edu)
Date: Thu Dec 05 2002 - 16:19:36 PST
One thing I ran into was a difference between different locations and the
expectation of privacy. Pictures of the crowd at Memorial Stadium don't
need a release (I think) - crowd situation, public event, no expectation of
privacy. The same might be true for open areas on campus (Sproul Plaza,
Greek Theater), and other events (Tien Memorial).
I think the issue becomes tricky when the expectation of privacy is higher
(classrooms, offices, labs), and the possibility of future location
identification is higher. eg - "Joe Smith enjoys the Golden Bears beating
Stanford at the Big Game", vs "Joe Smith enjoys working with Prof. Brown in
her lab".
On a related note, what about a photo release for ownership of photos not
taken by university personnel? Anybody ever get supplied photos from
non-university employees? How do you handle covering against the
possibility that the person supplying the photo doesn't actually have the
right to supply the photo?
Anna
At 03:35 PM 12/5/2002 -0800, Pat Soberanis wrote:
>I think the campus legal department should (or might already have)
>looked into the issues of (a) whether the university is exempt from
>privacy laws because we are a public institution (which I doubt); and
>(b) whether UCB's uses (which vary greatly, I imagine) fall under the
>"newsworthiness" exemptions to the privacy laws usually granted to
>magazines and newspapers - though not for all purposes.
>
>To get an idea of the issue's complexity, see Photo District News's
>Guide to Model and Property Releases:
>http://www.pdnonline.com/businessresources/modelrelease.html
>
>When in doubt - and there seems to be a lot of doubt - get a release. If
>you hire a photographer, make sure the photographer gets a release.
>
>Does anyone know if the campus legal department has looked into this?
>
>Pat
>
>
>Lynne Turner wrote:
> >
> > I expect that there are a number of issues involved, though I have
> > limited experience on this. Public Affairs uses many diferent types
> > of photos. Many photos are taken at public events (I don't believe
> > that releases are required if someone is out and about, and most
> > people know they are being photographed, though they probably
> > don't know how the photo will be used), some come directly from
> > staff/faculty or Departments (responsible for obtaining permission),
> > some come from yearbooks, etc. Many photos are credited, so
> > perhaps the release is the responsiblity of the photographer. I
> > wonder if the key issue is the source of the photo?
> >
> > Lynne Turner
> >
> > Date sent: Thu, 5 Dec 2002 12:01:07 -0800
> > To: webnet-list@uclink4.berkeley.edu
> > From: Jennifer Gwirtz <jgwirtz@uclink4.berkeley.edu>
> > Subject: Re: [Webnet] Photo release wording
> >
> > I'm surprised about that.
> > There are so many restrictions on certain types of student
> > information that I would think that posting an image on the web would
> > absolutely necessitate a release form.
> >
> > It's also a matter of respecting an individual's privacy, too,
> > especially if a student is, for instance, being stalked by an ex. An
> > image made public without the consent of the subject is definitely a
> > bad idea in that situation, and the photographer/department wouldn't
> > know until it was too late.
> >
> > Unless they asked first.
> >
> > Just a thought.
> >
> > -Jen
> >
> > >i contacted public affairs early on in a current website project --
> > >and they told me they almost never use photo releases...that UCB is
> > >a public institution, and therefore photo releases are almost never
> > >required.
> > >--g
> > >
> > >At 10:53 AM 12/5/2002 -0800, you wrote:
> > >
> > >>Hello all.
> > >>
> > >>Here's what I dug up from the UC web site. Thanks to all who guided
> me to it.
> > >>
> > >>-Jen
> > >>
> > >>--------------------------------
> > >>University of California, Berkeley
> > >>Photographic Consent Form
> > >>
> > >>The undersigned does hereby authorize
> > >>
> > >>THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
> > >>
> > >>and/or its associates, assistants, or subcontractors to photograph/film
> > >>
> > >>_____________________________________________.
> > >>Name (please print)
> > >>The undersigned authorizes The Regents of the University of
> > >>California to permit the use and display of said photographs in any
> > >>publication, multimedia production, display, advertisement or
> > >>World-Wide Web Publication for [Your Department] or its constituent
> > >>departments.
> > >>
> > >>
> > >>The undersigned agrees that the Regents of The University of
> > >>California may use name, likeness, or biographical information
> > >>supplied by the undersigned.
> > >>
> > >>The undersigned releases and forever discharges The Regents of the
> > >>University of California, its agents, officers and employees from
> > >>any and all claims and demands arising out of or in connection with
> > >>the use of said photographs / images, including but not limited to,
> > >>any claims for invasion of privacy or defamation.
> > >>
> > >>Accepted and Agreed:
> > >>
> > >>___________________________________________
> > >>Signature of Subject
> > >>
> > >>____________________________________________
> > >>Signature of Witness
> > >>
> > >>____________________________________________
> > >>Date
> > >>
> > >>--
> > >>Jennifer Gwirtz
> > >>Department of Philosophy
> > >>http://philosophy.berkeley.edu/
> >
> > --
> > Jennifer Gwirtz
> > Department of Philosophy
> > http://philosophy.berkeley.edu/
> > Senior Editor, Information Systems
> > University Relations
> > University of California, Berkeley
> > 510.643.1547
> > -----------------------------------------------------------------------
> > The following was automatically added to this message by the list server:
> >
> > Webnet information is available at <URL:http://webnet.berkeley.edu/>.
>
>--
>Pat Soberanis, Web Manager
>UC Berkeley Psychology Dept.
>
>"We must work toward peace."
>
>Mon: 8-12
>Tue: 8-5
>Thu: 8-5
>
>email: soberans@socrates.berkeley.edu
>office: 510-643-8589
>
>**Please include the URL with all requests for Web site corrections.
>Thank you.**
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**************************
Anna Maurer
Web Developer
UC Berkeley
Athletics and Rec Sports
2301 Bancroft Way #4420
Berkeley, CA 94720-4420
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