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Images – copyright and consent

When should the photographer’s name appear next to the image? And when do you need written consent from the person photographed? Here you will find a summary of what to bear in mind when working with images in various kinds of information and marketing materials.

Forms for written consent

Download the form for written consent in English (PDF 165 kB, new window)

Read more about how and when to use the form, at the bottom of this page. 

Copyright

Photographs are protected by copyright, which means that the author of the work, i.e. the photographer, has the right to be identified in connection with the work. This right applies in all contexts except where it is practically or technically impossible. This is the moral right enshrined in copyright and cannot be waived.

Consent from the people in a photograph

In Sweden, there is no law prohibiting photography in public places such as in a city, in public buildings, entrances, stairwells and other edifices which are accessible to anybody. The absence of such a law allows us to freely take photographs in urban environments, in libraries, at doctoral degree conferment ceremonies and similar events, without needing to request permission.
There are some exceptions of which you should be aware:

  1. It is prohibited to take photographs on private land or locations which are not considered general or public, such as schools or malls. Thus there is no law against taking photographs of minors in public places, but it is prohibited when they are on school grounds.
  2. Offensive photography is not permitted. Photography is considered offensive when it is done without permission, in secret and the person is in a location of a private nature (changing room or suchlike). As a photographer, you must make yourself clearly visible.

The legislation on names and images in advertising requires written consent from all those depicted in the photographs. In certain contexts, such as student recruitment and fundraising, we are operating in a grey area between this legislation and the general freedom to take photographs in public places. As a public authority, we have an obligation to inform the general public about our activities, but in the case of student recruitment, for example, we get very close to the boundary between information and advertising/marketing.

Our approach to managing this grey area is always to ask for verbal consent, and to ask the question broadly so that we can re-use the images without uncertainty as to whether the person depicted approved this use as well. It is a good idea to state that you are taking photographs for Lund University and that the images may be used in various contexts on the University’s behalf, before asking if it is OK to take the photographs.

Our procured photographers are well aware of this, which means that verbal consent for use is to have been obtained for all images. Our approach is supported by the University’s legal counsels.

Written consent is sometimes required

In some circumstances, we actually do need to obtain written permission. If we store images in an archive, such as the Image and Media Bank, and connect various personal details (e.g. names and photographs) in a structured and searchable way, the Personal Data Act applies, obliging us to obtain written consent. This applies only when we name the person, i.e. in portraits/press images. 

NB! Each individual who orders images from a photographer or takes their own photographs for import to the Image and Media Bank is personally responsible for obtaining written consent.

Forms for written consent to the storage of images

The University has forms for obtaining a person’s consent to storage of their personal details in accordance with the Personal Data Act. Ask the person to read and sign the form below, and send it to Nina Ransmyr, Branding Office, Corporate Communications (internal mailing code 31), for archiving.

Download the form for written consent in English (PDF 165 kB, new window)

More information on what you are permitted to photograph and publication of images    

Read more about legislation on photography on the website of the Swedish Association of Professional Photographers (in Swedish)

Read more about the Personal Data Act and publication online, at datainspektionen.se

Page Manager:

Contact

Branding Office, Corporate Communications

grafiskprofil [at] kommunikation [dot] lu [dot] se

Nina Ransmyr
Communications officer
nina [dot] ransmyr [at] kommunikation [dot] lu [dot] se
+46 46 222 03 20

Maria Wendel
Communications officer
maria [dot] wendel [at] kommunikation [dot] lu [dot] se 
+46 46 222 70 07

Anna Johnsson
Communications officer
anna_v [dot] johnsson [at] kommunikation [dot] lu [dot] se
+46 46 222 70 21

Petra Francke
Communications officer
petra [dot] francke [at] kommunikation [dot] lu [dot] se
+46 46 222 03 16   

Nina Dahlström
Communications officer
nina [dot] dahlstrom [at] kommunikation [dot] lu [dot] se
+46 46 222 71 49

Telephone: +46 (0)46-222 00 00 (switchboard)
Mailing adress: Box 117, 221 00 Lund, Sweden
Invoice adress: Box 188, 221 00 Lund, Sweden
Organisation number: 202100-3211

Site manager: staffpages [at] lu [dot] se

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