Photo/Video Toolkit
Northeastern's Office of the University Counsel has developed a set of resources to assist University departments interested in developing, creating, or using photographs, videos, and other media to showcase their programs. The toolkit outlines the steps involved in retaining a photographer or videographer, and the legal issues which must be considered, depending on how the department plans to use the pictures or videos now and in the future. The toolkit also includes points of contact at the University to assist you in developing your project.
We encourage you to consult the Office of Marketing and Communications in the initial planning stage, to best coordinate your plans with the University's overall marketing goals and strategy, and to obtain expert assistance in this area.
For questions about items discussed in this toolkit, please contact Janet Faulkner in the University Counsel's Office at x2157.
What is the process for obtaining a contract on behalf of the University?
A contract needs to be signed by both parties.
At Northeastern, a contract must be submitted to the Office of the University Counsel for review before any work can be done.
The contract will be signed by the University Treasurer.
The University Counsel's rule is that your department need to allow for up to two weeks for a contract to be approved by our office, and then is signed by the treasurer. This is due to the high number of contracts the Office of the University Counsel receives. While we realize that photography and videography often is time-sensitive, the same holds true for the work of all the other departments who also submit contracts for approval. When in doubt, please contact our offices at the planning stage so we may assist you.
Legal Issues to Consider When Planning a Media Project or Engaging a Photographer
1. Who will own the photos or videos?
At the outset, the person creating the photo or video legally has the right to own his or her creative work.
* If that person is a University employee, the University owns the work.
* If that person is not a University employee, the University does not own the work.
However, the University can and should obtain ownership of any work which is created on behalf of the University.
2. How can the University obtain ownership of photographs, videos, or other creative works created on behalf of the University?
Whenever a University department retains a photographer or videographer to create images for the University, the University must enter into a CONTRACT for the creative individual's service. This is a University requirement. (Learn more at Contracts for Photographers and Videographers, and Media Projects page)
In order for the University to own the creative work, the contract must explicitly say so. The contract must state, "This _____ is a work made for hire."
At Northeastern, we have prepared a model agreement which covers this issue, under the Section "Intellectual Property." It states, "All materials developed by Photographer for Northeastern will belong exclusively to Northeastern, and will be deemed to have been developed and created by Photographer for Northeastern as "work for hire"."
Photographer consultant agreement template (1)
Videographer consultant agreement template (2)
3. How can a department, or the University, use the photos or videos?
The extent to which the photos may be used depends on the type of project. General photos or videos of campus, for example, may be used by the University for any number of purposes.
If the photos or videos are of specific or identifiable individuals, you must first obtain the subject's permission to take and use the photo. This can be accomplished by asking individuals to provide a broad scope of permission, in a RELEASE form. Such a release will be broad and general.
In certain situations the photo or video only may be intended for a particular purpose, i.e. pictures of students participating in a student activity to promote that activity, or pictures of a speaker to promote an academic program. In that case, the individual only may agree to sign a LIMITED release. If the release is limited, the University then cannot use the picture for a different purpose, whether to decorate an elevator or support a particular position. Pictures with limited releases also can't be included in the University's digital archives maintained by the Office of Marketing and Communications, the Digital Media Design Studio, etc.
LIMITED RELEASES; FOR OTHER UNIVERSITY FACILITIES
Bottom line: If your department might like to use a photo or video for a broad range of University-related purposes, you should seek a general release.
4. Do we need to obtain permission to film or record a guest speaker?
Absolutely. The speaker owns the right to distribute his or her lecture. The rights to photograph, film, redistribute, or to post a speech online often are limited. For example, the speaker may charge for rebroadcasts of speeches outside the University. In addition, it is possible that the speaker him/herself may not own the rights to broadcast some or part of their speech. For example, the speaker may have transferred those rights to an agent or another entity.
Special care should be taken when digital creative works include music or film clips created by someone else. The portion of music or film which is included is owned by the artist who created it, a publishing or recording company, or a studio.
Again, a department must ask that the speaker to grant permission to record or film a speaker, using a RELEASE form. [RELEASES - Photographer Consent Form and Photographer Consent Form Limited]
**NOTE: It should be part of the photographer or videographer's responsibilities to actually request the permission / release from photo subject(s). This responsibility can be addressed in the CONTRACT between the University and the photographer. The University department should provide the University's RELEASE form to the photographer for distribution to the photo's subject(s).
5. Do I need to ask a student for permission before filming or recording?
Yes. A student may elect whether to give permission to film or be recorded, especially during class. In addition, a student owns his or her own academic work, including papers, media presentations, research projects, etc. The University cannot use students' work without a written agreement to do so.
6. If a photographer or videographer agrees to grant the University rights to own the photos he or she takes, does the photographer/videographer also have a right to use the photos?
A University department should be clear about how a photographer or videographer also can use works created on behalf of the University. For example, the University would not want such work to be used in a way that is derogatory to the University. These issues can be handled via a CONTRACT. The photographer and the University can agree in the CONTRACT about how and when each party may use the creative work, or how they will stay in contact before doing so.
Contracts for Photographers, Videographers, and Media Projects
Why is a contract needed for this project?
When the University retains a photographer or videographer, a contract always is required between the University and the creative artist. The contract is helpful because:
* it defines the scope of work the University is expecting and addresses payment terms.
* it addresses potential liability issues.
* A contract also is needed to the extent the University seeks to retain any rights to own or use the photos or videos.
* A contract also is needed if the University ever wants to use the photos or videos for any other purpose.
* Finally, the contract makes clear that the photographer is responsible for obtaining any necessary releases from subjects of the photos or videos.
What is the process for obtaining a contract on behalf of the University?
A contract needs to be signed by both parties.
At Northeastern, a contract must be submitted to the Office of the University for review before any work can be done.
The contract will be signed by the University Treasurer.
The University Counsel's rule is that your department needs to allow for up to two weeks for a contract to be approved by our office, and then is signed by the treasurer. This is due to the high number of contracts the Office of the University Counsel receives. While we realize that photography and videography often is time-sensitive, the same holds true for the work of all the other departments who also submit contracts for approval. When in doubt, please contact our offices at the planning stage so we may assist you.
Model contracts. [Photographer Consent Form] [Photographer Consent Form Limited] These contract forms, or templates, can be used for retaining photographers or videographers. This is covered in the model contract. On occasion, alternate language may be needed. Please contact the University Counsel's office so we may assist you!
For photographers and videographers whom your department may retain more than once, a "master" retainer agreement will work best for this purpose.[For Photographer] [For Videographer] This can cover multiple events or assignments, for a period of less than a year.
However, please also refer to the guidance from the University Counsel about when it is and is not appropriate to retain an outside photographer or videographer.
University Resources
Office of the University Counsel
- Janet Elie Faulkner, Sr. Asst. University Counsel 617.373.2157 j.faulkner@neu.edu
- Karen Brown, Administrative Assistant 617.373.2157 (for contract forms and templates) k.brown@neu.edu
Office of Marketing and Communications
- Michi Hirose, Marketing Coordinator 617.373.3001 m.hirose@neu.edu
- Joe Case, Video & Digital Media Producer 617.373.3169 joe.case@neu.edu
- Mary Knox Merrill, Staff Photographer 617.373.2006 m.merrill@neu.edu
- Photography Digital Archives: http://www.northeastern.edu/marcom/photography/index.html
Your college or department's marketing and/or communications representative
Technical Resources
These departments have equipment, space, and media resources to assist members of the University community, such as students and faculty members, with creation of University-related projects.
Digital Media Design Studio
- Debra Mandel 616.373.4902 d.mandel@neu.edu