As the organizer of a photo session, it is your
responsibility to obtain written consent from your
subjects using these forms and to keep these
consent forms in a safe place where they can be
accessed as needed.
1. Why should I use consent forms to collect
images or recordings?
The forms are a written agreement between you
and the individual you are photographing or
videotaping. The purpose of the consent forms is
to avoid misunderstandings, to confirm the
parties’ intentions, to protect UBC from
complaints or possible legal claims, and to ensure
UBC complies with all relevant laws, including the
following:
• The Freedom of Information and Protection
of Privacy Act contains requirements for the
collection, storage, use and disclosure of
personal information (including an
individual’s image). Any image that shows an
individual’s face or other distinctive features
constitutes personal information.
• The Privacy Act requires an individual to
provide consent for the use of their name or
image for advertising or promotional
purposes.
• The Copyright Act protects creative works,
such as performances and paintings. The
owner of such works must give permission
for the recording of those works.
2. Should I use a consent form for UBC
faculty or staff?
You do not need to use a Consent to Use of Image
or Recording form to take a photo or video of a
UBC employee if their duties require them to be
photographed in that context. For example, a
senior administrator or department head may
have an implied duty to appear in photos or
videos on some official occasions. This duty,
where it exists, is context-specific. When in
doubt, you should seek the consent of the
individual before collecting their image.
3. Should I use a consent form to record
sessions held using video conferencing
technologies?
The organizer of a video conferencing session is
entitled to record that session provided that they
notify the participants about the recording and
give them the opportunity to anonymize
themselves by turning off their camera and sign
to ask the participants to complete a consent
form.
An individual who is required to appear in a
recorded session, such as a visiting speaker,
should be asked to sign a consent form.
4. Do I need to use a consent form to record
images of a crowd scene or a public place?
Consent forms are not required to record images
of crowd scenes at a presentation, ceremony,
performance, sports meet or similar event that is
open to the public and is voluntarily attended, as
long as no single person is the dominant feature
of the image.
5. What do I do when it is not practical to
use a consent form?
If you wish to record images in large events
where it is impractical to get every attendee to
sign a consent form, you should notify attendees
before and during the event, as follows:
• Notification before the event can be
accomplished with an email or a note in the
invitation.
• Notification during the event can be
accomplished with a prominent sign displayed
at the entrance to the event.
Here is a sample notification: “This event will be
photographed and images will be posted on our
website. If you would prefer not to be
photographed, please inform the photographer.
UBC is authorized to collect these images under
section 26 of the British Columbia Freedom of
Information and Protection of Privacy Act.”
6. Which form do I need to use? What is the
difference between the forms?
Consent to Use of Image or Recording form: This
is the primary form you should be using for
photography or videotaping of unpaid subjects of
purposes associated with UBC programs and
services. The consent provided by the subject is
revocable (even after it is signed), and if the
subject asks you to stop using the image, you
must comply with that request.
FAQ’s: Consent to Use of Image Forms
Consent and Release for Models form: Use this
form for photography and videotaping where the
subject is a paid model or a performer, or if there
are circumstances where permanent control of
the image is necessary. Examples would be the
use of an image in a major marketing campaign
or in a large print run of documents. This form
creates a legally binding contract (if the payment
is actually made) and is not revocable by the
subject.
7. Can I alter the forms?
The forms are legal documents and are not to be
altered or customized for your unit or faculty
without discussing all changes with the Office of
the University Counsel.
8. Where can I get advice about how to fill
in the forms?
Refer to the sample Consent to Use of Image or
Recording forms:
Sample 1 (Open House)
Sample 2 (Visiting Speaker)
Sample 3 (General Promotions)
Refer also to the sample Consent to Release of
Models form:
Sample 1 (Newsletter)
Questions about how to complete the forms may
also be referred to the Office of the University
Counsel at university.counsel@ubc.ca
.
9. Can the forms be completed and signed
electronically?
Yes. You can either:
(a) ask the recipient to print out and sign the
form. Then they can send you a scan or an
image of the completed form, or
(b) ask the recipient to complete the form and
sign it using an electronic signature
application such as DocuSign.
10. Why does a parent have to sign the form
if the subject is under the age of 19?
The age of majority in British Columbia is 19 years
of age. Except as noted in the next paragraph,
minors (i.e. persons under the age of 19) must
have their parents or legal guardians sign consent
forms on their behalf.
As an exception to the above rule, it is not
necessary to ask a regular UBC student who is a
minor to get their parent to sign the Consent for
Use of Image or Recording form. UBC students
are considered to have the maturity to sign this
form on their own behalf, even if they are not yet
19 years old. Minors who are not regular UBC
students should still have their parents sign the
Consent for Use of Image or Recording form. As
the Consent and Release of Models form is
intended to create a legally binding contract, it
should not be signed by minors under any
circumstances.
11. Why is the subject required to provide
their email address on the form?
Images must only be used or disclosed for the
purposes specified in the consent form. If you
wish the use an image of the individual for
another purpose, you must contact that person
and arrange to have further written consent.
Therefore, it is important to collect their contact
information. If a subject does not have an email
address, it is acceptable for them to enter a phone
number or other contact address.
12. How long should forms remain on file?
Completed forms should remain on file and
accessible as long as the photographs or videos
remain in use or available for use at UBC.
13. I am hiring an external photographer.
What do I need to do?
You should not use an external photographer or
company to capture images on your behalf unless
you have put a written contract in place with them
following UBC procedures. The Department of
Supply Management can assist you with this
process. Failure to do this will likely lead to you
not obtaining the rights over the images that you
wish to have.
It is preferable for the external photographer to
use UBC’s consent forms. If the external
photographer insists on using their own form, it
must be reviewed by Supply Management to
make sure it is consistent with their contract with
UBC and with UBC’s legal duties.
