Photo/Video Consent Policy and Guidelines

Pratt Institute’s Communications and Marketing (PCOMM) division provides a range of policies intended to safeguard the Institute’s identity, reputation, and educational mission; and to ensure compliance with laws governing Pratt Institute communications.

Image-Use Policy

Pratt Institute is subject to privacy laws that require permission to use images of recognizable individuals in our marketing or promotional media. Pratt’s image-use policy establishes standards for the use of these images.

To publish images and/or video in Pratt’s print or digital marketing and promotional media, the Institute, by way of the unit that assigns or supervises the work, must have permission from any individual deemed a recognizable subject of the photograph or video. 

When Permission Is Required for Image Use

New York Civil Rights Law § 50 compels Pratt to obtain written consent from an individual prior to utilizing that individual’s name, portrait, picture, likeness, or voice for the purposes of promotion, advertising, or trade. 

Permission is required when one or more individuals in the image are identifiable as the subject or focus of the image, and the image may be used for marketing and promotional purposes, such as promoting academic or administrative programs, publicizing upcoming events, raising funds, recruiting, and encouraging attendance or participation. This guideline applies to any image used in publications, emails, websites, and social media.

Therefore, permission is required for all images with one or more identifiable subjects in order to be used in Pratt Institute print and digital materials.

Image-Use Versus Copyright Protection

Image-use permission (consent from the person in the photo/video to have their likeness published) is distinct from copyright/intellectual property protection (consent from the copyright or intellectual property holder for use of the produced work itself). In addition to the above-stated image-use permission, Pratt Institute must own copyright of the images used in our print or digital marketing and promotional media, or have an agreement with the photographer/videographer that allows use of the still or motion images. When a freelance photographer/videographer is hired or commissioned to produce marketing or promotional content, the standard Photography/Videography Agreement must be used and reviewed with Pratt’s Legal Counsel. Similarly, any image owned by another (e.g., an image by a photographer found on the web) cannot be used for marketing or promotional purposes and requires written consent from the owner of the image.

Guidelines for Managing Image Permissions 

Identifying an individual as the subject or focus of an image.

Individuals are recognizable subjects in these images, and consent is required for use.

Note that, in each of the last two images on the bottom row, there is a single recognizable subject of the image, despite the multiple people around them who are not subjects of the image.

No individuals would be considered the subjects of the following images, and consent is not necessarily required. However, with an abundance of caution in mind, you may want to be attentive to anyone who might be considered a recognizable subject and secure their consent.

Methods of Obtaining Permission

Whether capturing an event or a staged photo/video shoot, any individual who could be deemed a recognizable subject must provide consent for use of their image.

The photographer/videographer, the event organizer, or staff support must capture verification of consent in one of these ways: 

• Capture verified consent on the spot with the digital or printable Consent and Release Form. 
• Capture the subject’s email information on the spot to contact and obtain consent after the event*, but before publishing.
• Capture verified consent after the event* by working with the organizer to identify and contact the image subject and obtain consent before publishing.

Consent must be granted and documented before you may do any of the following: 

• Publish or print the image
• Share it in digital media
• Store it among usable image files
• Upload it to the Digital Assets Management (DAM) system 

Not capturing and documenting consent before doing any of the above is a violation of privacy law and puts the individual and the Institute at risk.

*Capturing consent on the spot is preferable. Remember, the further you get from the actual event, the harder it is to identify individuals and obtain consent.

Blanket Statements at Registration or Entrance

Organizers often ask, “Why can’t we just have everyone give their permission at registration?” or “Why can’t we post a sign at the entrance that says ’by attending the event, you give your permission’?”

Unfortunately, relying on blanket permission at enrollment, registration, or at the entrance is not only insufficient but also puts the Institute at risk. New York State law requires written consent. Creating the impression that someone must give up their right to consent to attend a program or an event violates that law and may limit their full participation in their education and our community. Remember, some people may have personal safety or legal reasons for not giving permission to use their image, and the Institute wants to be sensitive to their needs.

It is always best to get written consent per specific event or situation. This allows the person to opt out of one situation at a time, and still participate in the program or event without giving up that right.

Forms

Pratt’s Communications and Marketing (PCOMM) division provides a Photography/Videography Consent and Release Form for use Institute-wide by schools, offices, and departments. This form secures consent from individuals for a specific event or photography/videography request. 

PCOMM also provides a digital consent form and a QR code that can be printed and worn on the back of the photographer, videographer, and support staff’s badge, and used to direct subjects to the digital consent form. The QR code is provided upon request from PCOMM by the PCOMM Photo/Video Team at photo-video@pratt.edu.

Special Circumstances: Presenters, Honored Guests, Minors, Travel Groups

We recommend that event organizers collect permission from speakers, presenters, and honored guests ahead of the event. This can often be completed at the same time that you secure permission for their intellectual property, presentation needs, or accommodations. Most presenters and honorees expect their image to be captured and published, and usually give their consent freely. If they prefer otherwise, it’s good for the organizers to know ahead of time.

Similarly, underage program participants, athletic teams, and travel group members often require other permissions and forms, and image use permission can be collected along with these for a specific time period or event, as long as the permission is not a requirement of attending the event or program, and the organizers can ensure that they can faithfully accommodate the wishes of individuals who do not give their consent.

Student, Freelance, or Other Photographers/Videographers

Event or program organizers who do not engage PCOMM’s photo/video coverage or project management are still required to obtain permission before publishing or sharing images of individuals as outlined above. Consent can be obtained via the “Methods of Obtaining Permission” listed above. Please contact Creative Services’ photo/video team at photo-video@pratt.edu for assistance, best practices, and/or guidance on obtaining proper consent. 

Maintaining and Storing Permissions

PCOMM manages a Digital Asset Management (DAM) database for all institutional photo and video assets, ensuring that the necessary permission for every image available in the DAM is stored with it and accessible, so that members of the Pratt community can share or publish these images in Institute marketing or promotional materials with confidence.

Event or photo shoot organizers working independently of PCOMM are responsible for safely storing and sharing completed Photography/Videography Consent and Release Forms. If submitting imagery or video content to any PCOMM team for marketing materials or projects, completed forms must be provided. 

Some Frequently Asked Questions

• Why use a QR code?
  When using a digital form, a QR code is more effective than carrying a phone or tablet to gather individual consent, because of the risk of losing individuals when trying to capture multiple consents with one device. Using a QR code makes consent collection quicker and more efficient. 
• How does the QR code work?
  PCOMM photographers and videographers have QR codes printed on the back of their badges, which individuals can easily scan and go directly to the digital Consent and Release Form. 
• What if I’d rather collect consent on a tablet?
  Designated tablets for consent capture are available through PCOMM, which is preferable to using personal devices.
• What if I have consent from some but not everyone who is a recognizable subject in a photo?
  If a group of subjects is captured, and there is even one of the recognizable subjects who does not give consent, do not store, use, or share the image until consent is obtained from everyone. 
• What if the recognizable subject of the perfect photo won’t give consent?
  If someone does not want to give consent for any reason, always respect their wish. Treat them kindly, move on to another image, and do not store, use, or share their image—even if you think it’s a really good one.
• This seems like an impossible task!
  PCOMM has been following these guidelines for all of our photo shoots since the beginning of 2024, including two Commencements, Pratt Shows, public symposia, and other events. If you are already working with PCOMM, you know that we cover these procedures for every shoot that we manage and staff. Bring your questions and concerns to us. We can help you with guidance and ideas for a successful event shoot that is also legally compliant.