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Photography and A/V recordings - Personal Data and Copyright Agreements

Photographic images or footage of individuals and small groups can be defined as personal data and therefore fall within the scope of the Data Protection Act (DPA). Additionally, recording a person speaking or performing is likely to involve the creation/capture of a copyright work under the Copyright, Designs and Patents Act (CDPA). To help ensure that potential complications can be avoided, the University provides standard terms Agreements for participation in (and contributions to) our photographic and A/V content, addressing both personal data and copyright issues where relevant.

For more information on what data protection considerations should be made when planning to capture images of people please see here.

The Agreements can be downloaded from this page. It is important that you use the correct Agreement for your project, and return all signed forms to the Copyright & Compliance Officer, Room 2.22, Whiteknights House. The forms can be completed electronically in the Microsoft Edge and Mozilla Firefox desktop browsers – or by using the Fill & Sign tools in Acrobat Reader, using Preview on a Mac, or in other equivalent PDF reading software – or printed and signed if preferred.

Which Agreement should I use?

If you are creating original photographs/recordings:

Am I creating video/audio recordings?

• NO, just photos: Use Form 1
• YES: Am I recording someone's audible speech, or performance? Use Form 2

If you intend to use photographs/recordings created by someone else:

• Photos: Use Form 3
• Recordings: Contact copyright@reading.ac.uk

Form 1: Photography/filming Agreement

This Agreement should be used when photographing individuals (or filming individuals who are not speaking or performing on camera). No form is necessary when such individuals are not personally identifiable. If you intend to photograph or film people aged under 18, please contact copyright@reading.ac.uk.

Examples:

- 'I'm intending to take photos of Open Day Ambassadors around campus'

- 'I will be filming audience members watching a University event'

- 'I need to photograph the award winners at our ceremony'

- 'We are filming small groups of students working in the lab / using the library / jogging in the gym, for a video montage'

Form 2: Copyright & Filming Agreement

This Agreement should be used when filming/recording individuals who are speaking or performing on camera. (Note that this form also permits photography, but Form 1 should be used instead if individuals are only being photographed.) No form is necessary when such filming is for the purposes of assessment. If you intend to photograph or film people aged under 18, please contact copyright@reading.ac.uk.

Examples:

- 'I'll be recording a panel discussion (and might take photos too)'

- 'We are going to film a postgraduate student's presentation and Q&A session'

- 'I plan to record vox pop interviews on my smartphone'

- 'I'm responsible for filming dance and mime performances at the department's community arts event'

In some circumstances guest speakers may agree to be recorded on the condition that the recording is shared only with a limited audience, such as those invited to attend, or for a limited purpose, such as teaching use only. In these circumstances Form 2 will not be appropriate, as this grants the University more extensive permission to ensure that future use is not hindered by an unduly restrictive grant of rights. For guest speakers contributing to Teaching & Learning materials, please consider using the alternative Form 2b: Copyright & Filming Agreement (restricted use) - restricting availability to students enrolled on the identified programme, for educational purposes - if this will be more conducive to enabling recording to take place.

Form 3: Contributed Photography Agreement

This Agreement should be used when obtaining permission to reproduce a photograph that has not been taken by the University, in material being distributed publicly. The form is necessary whether or not the photograph includes personally identifiable individuals. (Note that this form is unlikely to be suitable for the licensing of commissioned, professional photography.)

Examples:

- 'I would like to use a photo of me taken by my last employer, in publicity material for our project'

- 'We hope to include some photos of campus taken by students, in the next prospectus'

- 'I am going to give out copies of a photograph taken by a former client, during the workshops'

- 'I intend to upload a photo shared with me on social media, to the University's website'

The circumstances in which third parties might choose to contribute original audiovisual recordings to a University initiative can vary very substantially, so a standardised form is not available for these purposes. Please contact copyright@reading.ac.uk with details of the project.

However, if a guest speaker is pre-recording a contribution to Teaching & Learning materials, and the recording will be made available only to students enrolled on an identified programme for instructional purposes, Form 3b: Contributed Recordings Agreement (restricted use) may be used without prior referral.

General guidance on completing the forms:

Project Details: This section should be completed by the staff member overseeing the project. This can be done on a computer or by hand. If this section is left blank, it may be difficult to demonstrate that you have obtained specific, informed, freely given consent for the capture of an individual's personal data. Project details will also be needed to action any later withdrawals or data rights requests.

Personal Details: The person signing the form must be identified by name and may also provide contact details to assist the University in identifying them and/or resolving any queries.

Signature: The form must be signed and dated by the participant/contributor.