Marketing
Identity - Photography
9.1. Model Releases
All photographers taking photographs on university property or of university events must obtain a signed model release form from any student, faculty member, staff person, or member of the public who is visibly recognizable in the photograph. Crowd scenes that do not include children under the age of 18, where no single person is the dominant feature are exempt. All photographs of children under the age of 18 require release forms signed by parents or guardians. These rules are not in effect when photographs are taken of news events, but photographs taken for news purposes require a release for reuse in marketing materials.
Columbia International University is public property and anyone can take exterior photos of the buildings and grounds for personal non-commercial use. (Some restrictions may apply -- see below.) The university photographer can provide professional photographs of most CIU facilities/landmarks and departments should utilize these photos whenever it is practical.
These rules govern photographs intended for use in any university publication of marketing or a public relations nature, such as printed and electronic newsletters, brochures, viewbooks, promotional items, or other material.
Releases also must be obtained for photographs used on the Web.
Model releases should remain on file as long as the photographs remain in use.
9.2. Photo Releases
Departments should obtain a photo release form for all photographs that have not been taken by a university employee.
Permission is granted to CIU departments to use photographs taken by CIU's university photographer. Photo releases are not required for these photos. Model releases are collected for all photos taken by the university photographer.
Columbia International University is private property, but we currently allow the taking of exterior photos of the buildings and grounds for personal, non-commercial use. Note that even when images are used for a non-commercial purpose that CIU reserves the right to revoke permission if the images are used in a way that, in the opinion of the university, is in poor taste or would reflect badly on CIU.
All photographers taking photographs on university property or of university events must obtain a signed model release form (see above) from any student, faculty member, staff person, or member of the public who is visibly recognizable in the photograph. All photographs of children under the age of 18 require a signed release from a parent or guardian.
Photo releases should remain on file as long as the photographs remain in use.
Doenload both the model release and photo release forms at http://www.ciu.edu/ciunet/modules/workspaces/files/resources/marketing2/forms.html
9.3. Guidelines For Departments Hiring Freelance Photographers
When contracting with a freelance photographer, departments should stipulate that the Arizona Board of Regents becomes the copyright holder for all work created.
Departments may use the personal services agreement available on the contracts section of the Office of General Counsel website: http://www.asu.edu/counsel/manual/forms.html.
If another agreement is used, include the following language (for any copyrightable material that is generated, including photos, text, web content, video -- anything).
Include the following (This language is already included in the personal services agreement):
Copyright.
Contractor's work under this agreement is "work for hire" for purposes of the copyright laws of the United States and any foreign countries, and title to any subject copyright will vest with the University.
1. If for any reason the Work would not be considered a work made for hire under applicable law, by signing below Contractor sells, assigns, and transfers to University all rights and title to the copyright in the Work, related registrations and copyright applications, and any related renewals and extensions. This grant of rights and assignment extends to all works based upon, derived from, or incorporating the Work, to all income, royalties, damages, claims and payments payable now or later, to all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights, and to all corresponding rights throughout the world.
2. If the Work is one to which the provisions of 17 U.S.C. 106A apply, by signing below the Author waives and appoints University to assert on the Contractor's behalf the Contractor's moral rights or any equivalent rights regarding the form or extent of any alteration to the Work (including removal or destruction) or the making of any derivative works based on the Work, including photographs, drawings or other visual reproductions or the Work, in any medium, for university purposes.
3. Contractor agrees to execute all papers and to perform other proper acts as University may deem necessary to secure these rights for University or its designee.
9.4. Photo Resources
Photo Database, go to the following and click on Graphics Archive:
http://www.ciu.edu/ciunet/modules/workspaces/files/resources/marketing/index.html
There are a number of stock photography companies that have online sites. In all cases, departments must have permission to use all images -- photographs and clip art -- in publications and web sites.
When possible, store the information about the photo as part of the file information for later use (subject, event, photographer, date, etc.).
9.5. Photo Use FAQ
Q. Do I need to have a photo release/model release for an image used on a class site (or a student club site)?
Yes, you should always obtain a release for any images used on a website.
Q. Do we need permission at all if the people involved are all employed at CIU - does their employment status make a difference?
You should obtain a release from employees as well as non-employees. We can't require students or employees to sign.
Q. Is a verbal release acceptable? For example, is a "group verbal" okay - e.g., a photographer says, "Anyone mind if I use shots of you on our website"?
If no one is under 18, and the photographer can document that all agreed verbally and the event is such that individual permission is not practical, this may be acceptable but written permission is preferred. (See example in "Photo Examples" section.)
Q. In cases where verbal permission is acceptable, how do we deal with groups that may include people who are hearing-impaired?
You need to document that they actually received the information and consented-- written permission is best in this case.
Q. Who should file release forms, and for how long?
The unit who uses or plans to use the photo should retain a copy of the release for as long as photos may be used. Warning: due to archiving features of browsers, consider the photo in use as long as it is available anywhere.
Q. What constraints are reasonable - are we asking to use photos just for a specific purpose, or are we expecting that the permission will allow us to, e.g., clip someone's photo out of a group shot and use it in a context other than the one in which we originally acquired it, or pass it on to others (not CIU) for use, etc.?
The release should describe the broadest possible use.
Q. What about non-people shots - sites on our campuses? Are there any constraints on who may take and use photos on CIU Web sites?
Anyone can take exterior photos of the buildings and grounds for personal, non-commercial use. However, even when images are used for a non-commercial purpose that Columbia International University reserves the right to revoke permission if the images are used in a way that, in the opinion of the university, is in poor taste or would reflect badly on CIU.
Q. A staff member took photos at our event using their personal digital camera. Should we get a photo release if we want to use a photo on our website?
Yes, obtain a photo release.
9.6. Example Of Photos That Require A Model Release
9.7. Examples Of Photos That Do Not Require A Model Release
9.8. Example Where Verbal Permissions Might Be Used (Signed model releases are always preferred.)
