Intellectual Property

Name and Likeness Use Policy

Using the name, voice, image, or likeness of any individual may be protected by that individual’s right to privacy and right of publicity. LDS Business College (“College”) administration, faculty, staff (including student employees), and volunteers (“College Personnel”) are encouraged to obtain releases before publishing images, voices, or likenesses of identifiable human subjects in College-sponsored materials.

A Talent Release is generally necessary for any image, voice, video or likeness of identifiable human subjects (including students, College Personnel, or individuals not associated with the College) used in College-sponsored materials. Talent Releases may not be necessary when the photo or video’s focal point is a building or non-human subject.

Producers of print or digital content should (1) ensure that an identifiable subject has provided written consent and (2) keep a record of that consent. Consent should be obtained on the Talent Release before publishing that person’s name, image, voice, or likeness on a College website, broadcast, publication, or other distribution medium. Failure to obtain releases could infringe on another person’s right of privacy and/or publicity. College Personnel and students who disregard this Name and Likeness Use Policy may be in violation of the Church Educational System Honor Code, may jeopardize their employment, may place themselves and the College at risk for possible legal action, and may incur personal liability.

Talent Releases are usually not necessary when the photo or video is of a large group or crowd at an event. If you intend to record (photo, audio, or video) a lecture or other presentation, you must obtain written permission from the speaker(s) and any identifiable human subjects. If you intend to publicize a recording and if it is likely to capture a personally recognizable image or significant personally identifiable commentary from audience members, you should inform the audience of the recording process, giving an opportunity to opt out. For example, an announcement, invitation, or at a minimum, sign at the entrance to the event, should state clearly that the event will be recorded and that some audience participation and/or images may be captured in the recording process. For more information, see the Name and Likeness Use Guidelines or contact the Director of Public Affairs.

In addition, all student education records (including names, identifiable images, etc.) are governed by the Family Eduational Rights and Privacy Act (34 C.F.F. 99; "FERPA"). For more information regarding the treatment of student educational records, see the LDS Business College FERPA Policy.