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Communicating health and development issues through photography
Photography Policy Worksheet
Introductions
The increasing attention among international NGOs to a “code of conduct” for photographysignals a growing awareness of the rights of human photo subjects and a commitment to development photography ethics.Organizations engaged in photography-related policy development, particularly targeted to development professionals doubling as amateur photographers in the field, are advancing this positive trend toward a more thoughtfuland responsible approach to photography. The failure to develop a policy could result in the following potential consequences:
- Harm to human photos subjects due to unethical use of photography.
- Higher risk of lawsuit and greater difficulty in defending a lawsuit.
- Potential financial costs (e.g. lawsuit, recalling printed product)
- Potential reputation costs, as a result of complaints or lawsuit.
How to Use This Worksheet
This worksheet was designed by Photoshare staff to help your organization assess current assumptions and practices and guide decision making toward an official photography policy. This worksheet is intended to be reviewed and completed by management and then discussed jointly with your organizations’General Council. A comprehensive understanding of international law, as related to the practice and use of photography, is beyond the expertise of Photoshare staff. While Photoshare staff cannot provide a qualified legal opinion, it is hoped that this worksheet will stimulate thinking and lead to the development of a policy that will minimize your organization’s liability and promote best practices for organizationsusing photography to communicate health and development issues worldwide.
Issues to be Considered in Policy Development
This worksheet is divided into four sections addressing major issues to be considered in policy development:
- Copyright/Ownership of Photographs
- Standard of Practice (Code of Conduct) for Taking Photographs
- Standard of Practice for Using Photographs
- Photography Policy Orientation
Your organization may wish to consider additional issues, as advised by General Council.
- Copyright/Ownership of Photographs
What is copyright?
Copyright is a form of protection provided by U.S. law to the authors of “original works of authorship,” including photographs. The copyright owner has the exclusive right to make copies, to prepare derivative works, to sell or distribute copies, and to display the work publicly. Anyone else wishing to use the work must have the permission of the author or someone who has derived rights through the author.
Under the current copyright law (Copyright Act of 1976), a work is automatically protected by copyright when it is created. In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a "work made for hire" as:
- (1) a work prepared by an employee within the scope of his or her employment; or
- (2) a work specially ordered or commissioned for use as:
- a contribution to a collective work
- a part of a motion picture or other audiovisual work
- a translation
- a supplementary work
- a compilation
- an instructional text
- a test
- answer material for a test
- an atlas
If the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire....
The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary.
Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.
However, copyright law specifically exempts works created by the federal government from copyright protection. A “work of the United States Government” is a work prepared by an officer or employee of the United States Government as part of that person’s official duties.Federal government works are always in the “public domain.” Public domain works have no copyright owner, and anyone can use the work as they see fit without infringement.The prohibition against copyrights for United States Government publications does not apply to the works produced under government contracts.The Government agency concerned could determine in each case whether to allow an independent contractor or grantee, to secure copyright in works prepared in whole or in part with the use of Government funds.
Your policy should define who owns the copyright to photos taken by staff, partners, contractors, and others on behalf of your organization.
A) Our organization owns the copyright forphotos produced by(check all that apply):
Staff
Partners
Sub-Contractors
Volunteers
Hired photographers
Any photo produced withcompany-owned cameras and equipment
Other:
B) Your organization’scopyright/ownership of photos should be specified and agreed to in writing in the following documents:
Photographer agreements signed by our Staff
Contracts with partners
Contracts with sub-contractors
Contracts with volunteers
Contracts with hired photographers
Other:
C) Our organization does not own the copyright for photos produced by external sources listed below, and can not grant reprint permission for such content unless otherwise specified in writing by copyright owners or authorized representatives:
Photos derived from other organizations
Photos shared from the personal collections of your staff (e.g. photos taken during personal vacation and travel or previous employment)
Partners:
Sub-Contractors:
Volunteers
Hired photographers:
Other:
- Standard of Practice (Code of Conduct) for Taking Photographs
The policy should state the Executive Team’s preferred or required approach to photographing people in the field, with regard to cultural sensitivity,legal considerations, and informed consent.
A)Cultural and Political Sensitivity
Prior to taking any photos in the field, staff is expected to (check all that apply):
Consider a local culture’s general views toward photography.
Consider whether individuals may be put at risk of reprisal, violence, or rejection in their communities as a result of exposing their identity or personal story through photographs, captions, or any other associated documentation.
Inquire into country laws related to photography and privacy rights.
Establish a relationship with human photo subjects, when possible, before taking photos. When approachingindividuals, you can briefly introduce yourself, be courteous, and explain the purpose of the visit or the reason you wish to take photos.At the very least, smile, nod, and point to your camera before shooting.
Respect a person's right to refuse to be photographed.If you sense any reluctance, confusion, or disdain, refrain from taking the photo.
When photographing individuals in the context of culturally sensitive, politicallysensitive, taboo, or high-stigma issues, staff is expected to (select one statement):
Refrain from photographing any individual.
Photograph individuals.
Photograph individuals under the following conditions (check all sub-statements to indicate the additional steps that Staff should take to protect human photo subjects):
Informed consent is obtained from all individuals appearing in photographs. Type:
Verbal
Written
The photographer has refrained from photographing identifiable individuals, taking
care to position the camera such that faces and other unique characteristics cannot be
discerned .
The photographer plans to leave out detailed personal information and/or use false
names in captions or any other associated documentation.
B)Verbal Informed Consent
Informed consent is defined as: consent by individuals (human photo subjects) to photography and the use of their images after achieving an understanding of the purpose of the photographs and what is involved in participating or declining participation in the photographic process.
For example, a simple verbal request for consent might be:
"I am taking photos for XXXX, an NGO working to improve health in [your country]. Do I have your permission to take your photo for non-commercial use in educational materials promoting HIV/AIDS prevention? If you do not wish to be photographed, please…"
Select the statement that applies to your staff:
Staff isnot required to obtain verbal consent from human photo subjects.
Staff is required to obtain verbal consent from human photo subjects for:
Every person, every instance (public and private settings).
-OR-
Every person, every instance whenever possible. General exceptions to requiring
verbal consent include, but are not limited to, the following situations:
-OR- (check all that apply)
All private settings e.g. private homes.
Parents/ Adult Relatives of minors.
Individuals photographed in the context of culturally sensitive, politically sensitive, taboo, or high-stigma issues.
Individuals who may be put at risk of reprisal, violence, or rejection in their communities as a result of exposing their identity or personal story through photographs, captions, or any other associated documentation.
Clinical settings:
All clinical settings.
Specific clinic settings:
It is advised in clinical contexts that the photographer also speak with clinical director to obtain informed consent beforephotographing health workers or clients.
If you are traveling with someone who speaks the local language, ask him or her to translate your verbal request for informed consent.
C)Written Informed Consent
Select the statement that applies to your staff:
Staff isnot required to obtain written consent from human photo subjects.
Staff is required to obtain written consent from human photo subjects for:
Every person, every instance (public and private settings).
-OR-
Every person, every instance whenever possible. General exceptions to requiring
written consent include, but are not limited to, the following situations:
-OR- (check all that apply)
All private settings e.g. private homes.
Parents of minors.
Individuals photographed in the context of culturally sensitive, politically sensitive, taboo, or high-stigma issues.
Individuals who may be put at risk of reprisal, violence, or rejection in their communities as a result of exposing their identity or personal story through photographs, captions, or any other associated documentation.
Clinical settings:
All clinical settings.
Specific clinic settings:
It is advised in clinical contexts that the photographer also speak with clinical director to obtain informed consent beforephotographing health workers or clients.
Prepare your consent forms ahead of time in the local language of the area you will be visiting.If you are unable to prepare written consent forms in the local language, orally translate the consent form to your photo subjects. Use an interpreter if necessary.
For low literate subjects, ask the subject to make a mark on the consent form. If the person does not want to or cannot use a writing tool, obtain verbal permission. Have the consent witnessed by a literate witness who can sign or countersign the document and confirm that the form was read to the subject.
- Standard of Practice for Using Photographs
A policy should state management’spreferred or required approach to using photographs in the full range of media produced by the organization (print and electronic).
A)Purpose of Photographs
Example: Our organization’s copyrighted images should only be used for the promotion of international health and development.
B)Documentary vs. Illustrative use
Example:Our organization’s copyrighted images which depict identifiable individuals are intended onlyfor documentary use. Images may only be used for illustrative use if a proper model release has been obtained.
C)Captions
Example: Captions must appear with our organization’s copyrighted images when discussing issues related to an individual’s health status.
D)Credits
Example:Our organization requires that acredit line appear adjacent to all images. The credit line should include a copyright symbol (when necessary), the year the photo was taken, the photographer’s name and our organization’s name
E)Disclaimers
Example:A disclaimer must appear with our organization’s copyrighted images whenever a photo with a recognizable individual is used on the cover of our publications.
F)Identity Protection
Example:Our organization’s copyrighted images depicting clients with providers in a clinical setting may not be used with or with out a model release, if there is a possibility that the person pictured may experience negative consequences as a resultof having their photo used.
- Photography Policy Orientation
To minimize liability, management may wish to consider mandatory training for taking and using photos under the policies set forth by your organization. It is suggested that all staff involved in photography, graphic design, and materials development be oriented to your Photography Policy.
Select the statements that apply to yourpolicy on photography-related training for staff:
Management will ensure that all staff is made aware of the Photography Policy.
Opportunities for staff to learn about the policy will include, but not be limited to:
Town Meetings
Electronic newsletter)
Other:
All staff must sign a Photographer Agreement stating that they understand and agree to the Photography Policy.
The following policies, guidelines, and supporting documents will be produced and made available:
Photography Policy
Sample Photographer Contracts
Sample Written Informed Consent
Sample Verbal Informed Consent
Other: