Policy Number: 6

Photographic, Audio and Visual Recordings

Subject:

Making of Photographs or Audio and Visual Recordings for Distribution

Scope:

All Employees

Date Reviewed: October 2013

Responsible Office: Office of Legal Affairs

Responsible Executive: Vice President and Chief Legal Officer

I.     POLICY AND GENERAL STATEMENT

The University of Texas Health Science Center at Houston ("university") recognizes that occasionally, in continued pursuit of its mission, it may be beneficial to make motion pictures, videotapes, photographs, and/or audio recordings of individuals for distribution. Examples of such instances are videotaping medical procedures on actual patients for educational viewing by health care students and professionals and producing promotional videos featuring individuals at university campus sites.

The university also recognizes the need to obtain permission of individuals to protect the right of privacy of individuals used in photographs, motion pictures, video and/or audio recordings; the right of distribution and use the university retains over such materials; and to adhere to the copyright law that may apply to any outside material incorporated into any motion picture, photograph, video or audio recording. In acknowledging the importance of these rights and responsibilities, the university has established procedures to be followed before the university distributes and/or uses for its own purposes such recorded material. As part of the employment agreement, however, the university may feature its employees in motion pictures, photographs, video tapes, and/or audio recordings made by the university without their express permission.

II.     PROCEDURE

A non-employee whose visual/audio likeness appears in motion pictures, photographs, video and/or audio recordings must sign a release form. A non-employee whose protected health information appears in motion pictures, photographs, video and/or audio recordings must sign an authorization for the use and disclosure of health information.  Contact the Office of Legal Affairs ("Legal Affairs") to obtain appropriate release forms.

The release form will grant to the university permission to use and/or distribute the recordings. The form will also specify that the individual whose likeness appears in the recording has notified the university of any copyrighted material used by that individual in the presentation, including providing to the university the name and address of the copyright holder. If the individual is a minor, the individual's parent or legal guardian must also sign the release form.

The authorization will grant to the university permission to use and disclose protected health information.

III.     CONTACTS

ContactTelephoneEmail/Web Address
Office of Legal Affairs 713-500-3268

legal@uth.tmc.edu

https://inside.uthouston.edu/legal/contact-us.htm