From: Pat Soberanis (soberans@socrates.berkeley.edu)
Date: Fri Dec 06 2002 - 08:20:39 PST
I really think we shouldn't be trying to figure this out on our own.
There are usage issues, privacy issues, and ownership issues that are
all complex, and we should get guidance from the campus or UCOP legal
department. Maybe they will come talk to us sometime. Meanwhile, does
anyone know if the legal department has looked at these issues? Does
anyone know who to ask? I'll contact and report back if I know who to ask.
cheers,
Pat
Anna Maurer wrote:
> 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
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>> >
>> > 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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>> Webnet information is available at <URL:http://webnet.berkeley.edu/>.
>
>
> **************************
> Anna Maurer
> Web Developer
> UC Berkeley
> Athletics and Rec Sports
> 2301 Bancroft Way #4420
> Berkeley, CA 94720-4420
>
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