To use a community member’s likeness in marketing photography, you should attempt to acquire their consent, either verbally or in writing.

  • If possible, give the community member ample time to respond.
  • Honor the member’s choice. 

All Community Members

At the time of the photo, the marketing professional will make every effort to gain consent to use of the person's likeness for marketing purposes. The consent should be both prior, when possible, and informed (see definitions below).

While attempts will be made to identify members featured in photos and videos, we will not be able to obtain all students, faculty and staff pictured in large group photos, such as those taken during move-in day, at Marching Band practice, or other major events. If a member of the community, who does not want to be photographed, sees a photographer at a public event, they should let the photographer know or avoid the shot.

In addition, if a community member wants their image removed from marketing material (when possible), they should email marcom@uml.edu.

Students

To prevent images being used without permission, Marketing and Communications staff will check the names of students with Family Educational Rights and Privacy Act (FERPA) holds in the Student Information System (SiS). When a student clicks on the FERPA hold, they are indicating that they do not want to be photographed. Those students without holds are assumed to be agreeable to photography on campus. No more information beyond the FERPA hold and the student’s name will be available to Marketing and Communications. 

Definitions

  • Prior  - Consent is requested in advance of usage. The community member should have a reasonable amount of time to consider the request and to respond. 
  • Informed  - Informed consent is permission given with a clear understanding of the situation. Generally, this means the community member is informed of the variety of ways in which the photo might be used. For example, that the member’s image will be used in an advertisement on Facebook or in a student profile but may also be used in the Viewbook or on university web pages.
  • Consent  - Consent is permission to use a person’s image in marketing materials. Consent may be obtained in various ways, such as through email or in a conversation.

Reusing Photography 

Consent is typically secured prior to or at the time the photos or videos are taken. However, consent can be acquired later.  

Observe the following steps. 

  1. Establish the possibility of other uses at the time of the original photograph. 
  2. Explain how and where the photo might possibly be used.
  3. Tell the community member, particularly a student, that they do not have to provide consent and that it’s okay to refuse. 

Students Opting Out

How should marketing staff respond when students do not provide consent? 

Opting out through the Family Educational Rights and Privacy Act (FERPA) form is the primary (but not the only) way that students control their own representation. Opting out allows students to control in what media they appear — if they will appear at all. 

Honor Student Choice 

Respect students’ decisions around their own representation. However, it is possible to interpret a student’s opting out too broadly. When a student chooses not to participate, it may be useful to clarify the following. 

  • Quantity - Is the student opting out of one photo or every photo?
  • Channel - Is the student opting out of appearing on billboards, in social media marketing or every advertisement? 
  • Representation - Is the student opting out because they do not want to represent the GSA but will gladly represent the Chemistry department?    

Tracking Student Choice 

The marketing staff will make every effort to honor the student's choice. Information from the photographer should be shared with the broader marketing team. That information should be added to the photo when uploaded into ResourceSpace, the university's Digital Asset Manager (DAM). Observe the following guidelines.

  • Update the digital archive. If your team maintains a DAM that staff can freely use, remove assets featuring students who have requested to opt out. This will prevent accidental misuse. 
  • Communicate with relevant partners. Ensure relevant parties are aware of the student’s decision. For example, the Office of Advancement should be informed that a student has declined to represent them in all marketing materials.

When seeking student consent, observe the following guidelines:

  • Present choices as choices. Clarify that your requests are optional. 
  • Communicate all choices and clearly define what they are. 
  • Make students aware of their rights. Emphasize that students are not required to participate.