Photography and videography are ways to capture the unique energy and creativity of University life. Several important considerations inform how we collect and use these images. The following principles are designed to help you know when a signed release is required and how to handle photography and videography in a way that’s planful, practical, and compliant with University policy.
Photo and Video Release vs. Talent Release
- Photo and Video Release: Grants permission to use a person’s image or likeness; usually for people passively appearing in photos or footage (like event attendees).
- Talent Release: Grants permission to use a person’s likeness, voice, name, and performance. This release is typically for someone actively participating on camera or in a production, or to gain permission to reproduce the materials shared at an event.
When a Photo and Video Release Is Required
A signed photo and video release is required when any of the following apply:
- An individual or group of individuals are the primary focus of a photo or video.
- The material may be used for promotional, marketing, or advertising purposes. This includes when individuals are posed, staged, or directly engaged by the photographer or videographer for promotional content.
- Minors (under 18) are being photographed or filmed.
These situations present elevated privacy, legal, and reputational risks if not managed appropriately. A signed release protects both the subject and the University from unintended consequences.
When a Photo and Video Release Is Not Required
A formal release is generally not required when any of the following apply:
- Photography occurs in public spaces or at public events where it is not plausible to obtain signed consent from attendees (e.g., sporting events, festivals, open lectures). Individuals would likely be captured in group or crowd shots, and are not the primary focus.
- Photography is used for editorial or news purposes (e.g., documenting events, academic activities, or student life for newsletters, news articles, or archival purposes).
While a release may not be necessary, teams should still consider reputational risk and individual expectations of privacy, especially if images may be reused or appear in materials beyond the original intent.
Notice and Meaningful Opt-Out
To respect individual preferences and meet legal guidance:
- Post clear signage at event entrances stating that photography and videography are taking place. This notice can also be included in event invitations or materials, if possible. This language must include a meaningful way to opt out (e.g., have attendees notify staff they do not wish to be photographed).
- Designate photo zones or non-photo zones at larger events when feasible, or accommodate individual requests not to be photographed. Event and photography teams should have a plan in place for opt-outs.
Best Practices
- Use “planted” models when possible for major marketing needs: individuals who have signed releases and can be directed by photographers.
- Obtain on-the-spot releases if individuals are prominently captured and consent is practical. Create a digital release form for quick use (see FAQ for details).
- Clearly label archival photos that are for internal or editorial use only and are not cleared for promotional materials without further review.
- Sunset images after they’ve been in use to avoid dated content — we recommend every five years.
- Consider context when deciding how to use images. If the context may be sensitive (e.g., promoting a drug rehabilitation program), use images where models understand the wide range of potential uses rather than a candid shot that would be taken out of context
- Consider a “photography-free” zone for those who wish to opt-out at large group events. This may be created using signage, or it may be a designated zone in an audience.
- Before offering an “opt-out,” consider whether you can meaningfully distinguish those who have opted out. For social gatherings, a symbol on a nametag may help photographers refrain from recording those who have opted out.
Special Situations
- Student projects and internal communications: Releases are not required when content remains internal (e.g., class projects, internal reports) and not published on a publicly accessible medium. If materials may be published externally (now or in the future), follow standard release practices to reduce the risk of inadvertent misuse or privacy violations. For classwork, it is recommended to seek permission to show the work as well as the person’s image. A FERPA release may be required if coursework is depicted.
- Photos of minors: Always obtain prior, written parental or guardian consent.
- Historic, news, or archival documentation: Crowd shots or general event documentation do not require releases if individuals are not individually identified or featured.
Frequently Asked Questions
How do I create a digital version of the Photo and Video Release Form?
University Marketing Communications offers a digital talent release form and a digital photo release form (via Qualtrics) approved by the Office of the General Counsel. It's ideal when you don’t meet the participant in person or they can’t scan documents.
Access & Setup
- Go to qualtrics.umn.edu and log in with your Internet ID.
- First-time users: select “No, I don’t have a preexisting account here.”
- Create a folder (e.g., “Releases”) and a new project.
- Use U of M Templates > All Projects and Programs > Talent Release Base 2025 as your source.
Customizing the Survey
- Follow instructions in the third block titled Instructions (does not apply to Photo Release).
- Update the thank-you message in the bottom ‘End of Survey’ section.
- Set Survey options > Responses > Partial Completion to delete surveys after 1 week.
Publishing & Distribution
- Click Publish to activate your release.
- Distribute via Anonymous Link for ease.
Managing Responses
- Under Data & Analysis, export individual PDFs via Actions > Export to PDF.
- To reuse a form, duplicate the project and update info (Does not apply to photo release).
Important
The language mirrors the paper form. Any edits require prior approval from the Office of the General Counsel.
Can I modify the Photo and Video Release form? I’m worried how it is today may detract people from signing it.
No.
What do we use for a speaker or small performance troupe that we wish to record?
This would classify as a talent release. Sometimes this language is included in the contractual agreement. However, a talent release is still needed to use and reproduce the materials shared at the event. You can access the Talent Release in the University Policy Library.