Frequently Asked Questions
Use of Photographs in University Publications

When you use a photograph of a recognizable individual in a university publication, you need to make sure that the University has the necessary copyright to use the actual photograph AND has not infringed upon any privacy rights of the individual photographed.

These frequently asked questions will guide you on the use of photographs in university publications.

COPYRIGHT

Q: What is copyright and how does it affect the University’s use of photographs in publications?

A: Copyright law gives copyright owners the exclusive right to (i) reproduce their works; (ii) use their works to create new derivative works; (iii) distribute copies of their works; and (iv) perform publicly/display their works. To reproduce, edit, distribute, or public display a photograph, the University must have the copyright in the actual photograph or permission to use the photograph from the copyright owner.

Q: Does the University own the copyright to photographs taken by the university photographer?

A: Yes, the University owns all photographs taken by the university photographer or any employee acting within the scope of his/her employment. Even though the University owns the copyright to the actual photograph, the University should make sure that we have the necessary permission of the subject of the photograph. (See Subject Permission Section).

Q: Does the University own the copyright to photographs taken by freelance photographers?

A: The University requires all freelance photographers to sign the standard professional service agreement that stipulates the University is the copyright owner for all works created. (A copy is standard professional service agreement is available at http://www.american.edu/finance/cop/pdf/PSA_WMFH.pdf.). If the standard professional service agreement is signed, then the University is copyright owner for the photographs.

Absent a signed written agreement that states the freelance photographer transfers all copyright to the University, the freelance photographer retains copyright ownership to his/her photographs and the University must obtain permission. (See Permission To Use Materials and Release Form).

Even though the University owns the copyright to the actual photograph or has the permission from the copyright owner, the University should make sure that we have the necessary permission of the subject of the photograph by having the individual sign a Likeness Release Form. (See Subject Permission Section).

Q: What about photographs taken by students, alumni, or staff?

A: Absent a written agreement, the University does not own the copyright to photographs that are submitted by third parties. Rather, the University needs the copyright owner’s permission to use the photographs. Consent can be implied either through the parties’ interactions (e.g., photographs submitted by the copyright owner for inclusion in a story) or verbal consent. If possible written permission is always recommended because it clearly documents the parties’ intentions. (See Permission To Use Materials and Release Form).

Even though the University has the copyright owner’s permission, the University should make sure that we have the necessary permission of the subject of the photograph by having the individual sign a Likeness Release Form. (See Subject Permission Section).

SUBJECT PERMISSION

Q: Should I obtain a release from an identified individual in the photograph?

A: Generally, the University should obtain an image release from any student, faculty member, staff person, or member of the public who is visibly recognizable in the photograph. (See Likeness Release Form).

Q: Do I really need to obtain release from an identified individual in the photograph even if the photograph is used for the news reporting of a campus event?

A: No, if you are using a photograph to describe what happened at a public event in a university newspaper, magazine, newsletter, or webzine then obtaining permission from the subject is not necessary. However, if you take that same photograph and reuse it for a commercial purpose (e.g., promotional materials), then the University should obtain the subject’s consent by having the individual execute a Likeness Release Form. Therefore, if there is any chance that the photograph will be used for purposes other than the reporting of a newsworthy event, you should obtain permission from the subject at the time the photograph is taken by having the individual sign a Likeness Release Form.

Q: Do I really need to obtain permission from all the individuals in a crowded group shot?

A: Generally, the university does not to obtain written permission for crowded group shots, where individuals are not easily identifiable. Whenever practical the photographer should try to get the group’s permission to use their images either verbally before taking the photograph or by having a sign to indicate that the University may take the subject’s photograph and use it for whatever purpose.

Q: What if I am unsure about the use of a particular photograph?

A: If you have any questions, please feel free to contact Colleen Mahoney, Assistant Director of Photography, Technology, and Administration, in University Publications at x5971.