From: Pat Soberanis (soberans@socrates.berkeley.edu)
Date: Thu Dec 05 2002 - 15:35:40 PST
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.** ----------------------------------------------------------------------- The following was automatically added to this message by the list server: Webnet information is available at <URL:http://webnet.berkeley.edu/>.
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