This Marymount Manhattan College (“MMC”) Photography and Video Recording and Use Policy describes MMC’s policy relating to its usage of recordings, photographs and video taken at MMC of MMC students, faculty, employees, and other members of the MMC community (or those acting for MMC).
Use of Images and Recordings
The Family Educational Rights and Privacy Act (FERPA) protects the confidentiality of certain student records that are maintained by MMC. As a general matter, unless a student consents (or a FERPA exception applies), MMC will not disclose to third parties information from a student’s education records. FERPA does, however, permit MMC to define several types of student information as “directory information,” which MMC may disclose to third parties without the student’s consent unless the student (or, for students under 18, a parent or guardian of a student) has requested, in writing, that MMC not disclose such information. For the purposes of FERPA, the above-referenced photographs and video of students are considered by MMC to be directory information and thus may be used, published or disclosed by MMC for MMC’s purposes, subject to any limitations in this policy or imposed by FERPA or other applicable laws or regulations.
MMC Release Form
This MMC Photography and Video Recording Policy includes the MMC Release Form. The Release Form should be provided to MMC staff, faculty, and alumni, who are not covered by FERPA, as well as MMC students to the extent recognizable images of their likeness are used in advertising or other commercial or external purposes in either print or electronic media. The Release Form clarifies the rights and responsibilities of both the student and MMC. To the extent that photographs or video recordings are intended solely for internal, MMC access, such as on an Intranet or in an MMC-only directory, no Release Form is necessary. For students or community members under the age of 18, a Release Form must be signed by a legal guardian.
General Campus and Event Photography and Video
It is not generally necessary to obtain a prior release for any individual or group photographed or recorded in video in a public venue or while attending a public event. This includes all public spaces across campus from exterior walkways, entry ways, atriums, sports fields and classrooms. Individuals have a limited scope of privacy rights when they are in public spaces. Persons can be photographed without their consent except when they have secluded themselves in places where they have a reasonable expectation of privacy (for example, in dressing rooms, restrooms, medical facilities, homes and dorm rooms). Generally, and to the extent practicable, requests of students and other community members not to be photographed or to be recorded in video, even in public spaces, should be respected.
If, however, an individual is photographed and/or recorded in video while in a public space and is recognizable in the photograph or video, a Release Form should be obtained if the photograph or video will be distributed or published to organizations outside MMC or posted on the Internet.
It is important to obtain a Release Form from all individuals that are clearly depicted in any photograph or video that will be used in any form of advertising, including but not limited to use on a publicly-available MMC website or in any development materials.
Please note that MMC’s policy is to restrict the use of any photograph or video to the representation, marketing, or promotion of MMC only. As a general matter, MMC also requests that, to the extent practicable, any request to cease in the use of a photograph or video should be respected.
This policy is intended to address the typical circumstances in which a question arises about the use of photography or video, and does not contain a thorough explanation of applicable law. Please direct any further inquiries to the Business Office.