Generally speaking, it is not necessary to obtain the consent of the subject(s) of a photograph to use the image, if the photograph was taken in the context of the individual(s) being out in public at the time the photograph was taken. For instance, photographs taken of people at an awards ceremony, in a classroom, or walking down the street can be used without consent. The law does recognize, however, that in some circumstances it may be an invasion of privacy to use the photographs of an individual without permission. Such invasion of privacy can be broken down into two major categories: invasion of the personal privacy of an individual; and, use of the image of a public figure for commercial purposes. The first category, invasion of personal privacy, is decided by the courts using a reasonable person standard. If a person is photographed in a private situation without their knowledge or consent, and if those photographs are disseminated, it can constitute an invasion of privacy. With respect to commercialization, if an individual has some public image, and if a picture of that person is used without consent to further a financial or business enterprise, such use may be legally prohibited.

Photos generally are copyrighted whether or not they carry a copyright notice. This legal protection includes photos reproduced for computer transmission, such as in home pages and electronically-reproduced documents.

Another situation exists when the photographs taken are in the nature of a video of an educational, theatrical or other performance. In this context, the creator of the presentation being filmed has copyright in the expression of the artistic or educational work itself. In these situations, the College should definitely consider obtaining the written consent of the creators of the presentation, giving permission to the College to film and show the presentation in other contexts.

If you reproduce a photo from another university publisher or publication, you have no guarantee that the proper permissions have been obtained. As with all photo or video reproduction, be sure to obtain written permission from the copyright holder, and from any person whose image is identifiable in the picture, and be prepared to pay the necessary permission fees.