Photography and Recording for University Marketing and Promotion Policy

Purpose:

Willamette University (the University) is committed to respecting individual privacy while highlighting the dynamism of academic life within the institution. To that end, the following policy establishes guidelines for all forms of media recording including photography, videography, audio, and other types of recording that is conducted on University grounds, at University-endorsed events, or during the regular course of academic activities (including work generated as part of the academic coursework at the University) for purposes of marketing and promotion of the University. This policy applies whether the individual conducting the recording is an employee, student, external contractor, or other third party. 

Definitions Related to this Policy:

Audio means the recording or capturing of sound, speech, music, or any other auditory content through the use of microphones or other audio recording devices.

Devices means any equipment, tools, or technology capable of recording visual, audio, or audiovisual content, including but not limited to cameras, video cameras, smartphones, tablets, audio recorders, and any future devices that may be developed for recording purposes.

Documentation Studio means a dedicated facility within the University where professional documentation of student work, such as art and design projects, research findings, and other academic endeavors, is produced and archived. This includes high-quality photography, videography, or other forms of multimedia.

Student(s) means an individual who is currently registered and actively participating in a course or program offered by the University. This definition encompasses all students, regardless of age or academic level, from undergraduate to postgraduate studies. 

Minor(s) means any person under the age of 18. For purposes of this policy, Minor does not include university Students under the age of 18.

Photography means the process of capturing still images using a camera or any other device capable of capturing visual representations.

Private Spaces means areas in which a person has a reasonable expectation of privacy, including, but not limited to non-common areas of residence halls, residence hall corridors, bathrooms, shower areas, locker and changing rooms and other areas where a reasonable person might change clothes. Further, areas dedicated to medical, physical, or mental therapy or treatment shall be considered private areas for the purpose of this policy.

Recording means the act of capturing visual, audio, or audiovisual content using any form of technology, including but not limited to photography, videography, audio recording, and any other devices or technologies that may emerge in the future and serve a similar purpose. This definition encompasses both analog and digital methods of recording.

Videography means the recording of moving images with accompanying audio, typically achieved through the use of a video camera or other similar recording devices.

Policy:

1. Permission and Consent General Guidelines - The University, as a private institution, maintains its grounds and buildings as private property. Recordings may be taken on campus by university employees or designees without explicit consent for the purpose of advancing and marketing the University’s mission, programs, and goals. This includes, but is not limited to, events such as admissions activities, guest lectures, commencement, special gatherings, class work, Student art exhibits, athletics events, focus week, performing arts, and other university-sponsored occasions.
   1. The University is permitted to record in public spaces on campus for promotional purposes without the express consent of the individual(s) recorded.
   2. The University maintains the right to use Photography without express consent for promotional purposes. However, the University recommends securing a release from involved parties whenever possible.
   3. Student Work  
      1. The creation or display of work in any campus facilities, digital galleries, or the presence of Students in classes and events serves as implied consent for the University to photograph, video, archive, and record, and use these images for institutional promotional purposes. While Willamette does not typically provide compensation, credit, or notification to Students for the use of these images, effort is made to credit Students for their work, which includes the Student’s name, graduation year, and title of work.
      2. The University reserves the right to use Student work documentation for both academic and promotional purposes. This may include, but is not limited to, artwork that has been documented by the PNCA Documentation Studio, or other university program, research conducted in collaboration with faculty, or any other work produced as a part of class assignment or project. The University will strive to give credit to the Student whose work is used with the Student’s name, graduation year, and title of work. The University will not use Student work in a manner that is discriminatory, defamatory, or otherwise unethical.
      3. The University documents, archives, and showcases various campus events, Student art and design projects, as well as Student participation in activities throughout the academic year. The University reserves the right to photograph, reproduce, use, archive, and display any work produced by Students enrolled in academic programs for purposes of marketing the university.
      4. Students implicitly consent to the use of their work by the University for academic and promotional purposes by engaging in coursework. The University retains the right to use such work without seeking further consent or providing compensation.
      5. The University reserves the right to adjust a Student's work, including visual artwork, video, sound, music or other digital imagery, in a de minimis way as needed to fit the context and specifications of marketing materials. Should Willamette reissue the work, color, sound, image quality or other specific form matching may not be exact due to variations in printing processes, lighting, and materials. The University will not be held liable for any such changes or variations.
   4. The marketing department of the University has the authority to halt the public release of any content that is deemed to be detrimental to the University's brand, including, but not limited to, videos produced by campus departments. 
   5. Exceptions to these guidelines may apply for specific events or exhibitions, particularly those hosted by the theater department, music department, or museum or gallery spaces, where copyright and licensing agreements may exist that prohibit the Recording or distribution of a performance without explicit consent from the playwright, composer, or publisher. Special exhibitions may include works of art that are under loan agreements or other special use terms, which may prohibit Photography or Videography. In these cases, The University and its community are required to abide by the specific terms and conditions of these license agreements.
2. Safety, Security, and Privacy - For the purpose of safeguarding the safety, security, and privacy of individuals on campus, certain restrictions are placed on Photography, Videography, and Recording.
   1. Artistic Exhibitions - The University may engage in an artistic exhibition or public program which features active video or data Recording. In these instances, the exhibition organizers will clearly post public signage notifying attendees of the Recording and their rights as participants. 
   2. Sparks - Recording, filming, and Photography are prohibited in Sparks Fitness Center and Sparks Pool without prior authorization from the Director of Athletics and AVP for Institutional Marketing.
   3. Private Spaces - Recording, filming, and Photography are prohibited in Private Spaces without the written permission of the people in the spaces, including permission to use the same for marketing and promotion of the university.
   4. Any suspicious Recording, filming, or Photography activities should be immediately reported to Campus Safety.
3. Notice - The University will make every effort to post notice either in registrations or at specific event venues, informing attendees and visitors about this policy, but failure to do so does not impact the enforceability of this policy.
4. Special Provisions for Student Athletes - The University operates its athletic programs in accordance with the rules and regulations established by the National Collegiate Athletic Association (NCAA) as well as state and federal Name, Image, and Likeness laws.  Student athletes are expected to adhere to these guidelines and laws throughout their participation in the University's athletic programs. Any concerns, questions, or inquiries related to legal or NCAA compliance or the specific provisions for Student athletes should be directed to the Associate Director of Athletics who serves as the primary contact for addressing these matters and is available to provide guidance, information, and support to Student athletes, coaches, and staff.
5. Special Provisions for Minors - Parents or guardians of Minors registering for campus events or activities will be made aware of the potential for Photography, Videography or Recording involving Minors at the point of registration. By registering their child for the event, they thereby acknowledge and accept the terms of this policy. The University reserves the right to use such images in line with this policy, but will do its best to respect individual privacy and honor requests to not record Minors where feasible.
6. Drones on Campus - Any individuals intending to use drones for filming on campus must comply with the University's Unmanned Aircraft System Guidelines. These guidelines are designed to ensure safety, privacy, and responsible usage of drone technology.
7. Copyright and Intellectual Property - The University maintains the copyright for all Photography, Videography, and Recording funded by university resources and retains the right to use such for marketing and promotional endeavors, including but not limited to, print and online publications, social media, and advertisements.
   1. Photography, Videography, and Recording of individuals who are present on campus, in public spaces such as the admissions office, campus grounds, lobbies and hallways, outdoor spaces, and more, may be used by the University for marketing and promotional purposes. The University may use such Recordings without procuring additional consent or offering compensation.
   2. The university retains rights to all Photography, Videography, and Recording funded by individual campus departments.
   3. The repository of record for all photographs, videos, and Recordings lies with the Marketing department and/or University Archives.
   4. Any imagery generated by Students under the employment of any department or office is considered the property of the University. This includes work undertaken in work-study and contracted positions, and covers instances such as documenting events, Student life, and artwork, among others.
8. Hired Photographers and Videographers - Employees hiring contractors for the purpose of capturing photographs, videos, or Recordings are required to ensure Contractors familiarize themselves with and adhere to this policy. As well, employees hiring Contractors are responsible for ensuring that the following provisions are included in each contract:
   1. Photographs, videos, and Recordings that contractors produce while under contract with the university are the property of the University. As such, these materials can be used by the University for any purpose, including marketing and promotional purposes without further consent from or payment to the contract.
   2. The University reserves the discretion to credit hired videographers or photographers for their work, but typically this is not the standard practice. The decision to provide credit is made on a case-by-case basis.
   3. Violation of this policy may result in termination of the contract and potential legal action.
   4. Willamette’s standard photography agreement is to be used between the University and third party photographers and videographers. This agreement establishes the terms and conditions for photographic and videographic services, underscoring our commitment to transparency, mutual understanding, and professionalism in our collaborations.
9. Filming on Campus by Third Parties<i -Third Parties Filming on Campus are subject to this policy and required to follow the procedures listed below. 
   1. Third parties not directly contacted by the University and wishing to film on campus must acquire prior written permission from the VP for Communications or AVP of Institutional Marketing. This entails obtaining a location agreement and liability insurance.
   2. To film on campus, third parties must submit a request at least two weeks in advance detailing the purpose of filming, specific locations on campus, and proposed dates and times. Upon approval, Willamette will provide a location agreement outlining the terms of filming, including liability insurance requirements.
   3. The University reserves the right to impose a fee for granting filming rights on campus. All such requests will be approved by the VP for Communications or AVP of Institutional Marketing.
   4. Willamette University’s Standard Location Agreement delineates the terms and conditions for on-campus filming activities conducted by third party entities.

Effective Date: June 01, 2024
Responsible Person/Primary Contact: AVP for Institutional Marketing
Responsible University Office: Institutional Marketing