Re: A Thesis involving clients' self-portraits -- need advice re: consent forms

Posted by Lori DeMarre on 8/18/2004, 11:08 am, in reply to "A Thesis involving clients' self-portraits -- need advice re: consent forms "

Hi Robyn, The way I've handled this issue is I have a place on my release/consent form that says "Model/Subject stipulation". I give them the choice on how the images are used (i.e. educational purposes only, publication-not ok, etc.), if they are used at all. I also handle this by allowing subjects to remain anonomous by creating "metaphorical" self-portraits. When I am creating my own body of work for exhibition, I have it clearly stated that I need a release signed for exhibition, publication and sale. However, many times a woman at one time feels empowered by her photographic image being exhibited, but doesn't at a later date. Even though I have a signed release I honor her request not to show or use her images, since the point of it all was for women to be more in control of her own image. Good Luck and if you have any questions, feel free to contact me.

Link: http://www.InnerEssencePhotography.com

Re: A Thesis involving clients' self-portraits -- need advice re: consent forms

Posted by Judy Weiser, Group Adminstrato on 12/29/2004, 10:39 pm, in reply to "A Thesis involving clients' self-portraits -- need advice re: consent forms "

What appears below is the message I sent Robyn back in August in reply to a direct email. I just realized today (several months later!) that I forgot to add my response to it. Here it is now: -------------- Robyn, Since it appears that some of your concerns are re: the image-use portion of your consent form, while others are more re: the form itself, in general, let me begin by noting that there are two kinds involved: one is the consent to DO the therapy work and/or share info) and the other is the "Permission to use Images" IN the project and/or after the project is finished (for example "secondary purposes"). I will only discuss the second kind below, as I am sure that your Instructors can help you with the first kind. I must also begin with a bunch of qualifiers: 1) I am a psychologist as well as art therapist; therefore the "rules" governing what I can and cannot do (both legally and ethically) are different, 2) I am in Private Practice, and therefore not affected by any additional rules from an employer who might have Lawyers mandating things that are necessary for an agency or hospital, which aren't necessary in private practice work, and 3) I am in Canada, in a particular Province (B.C.) that has its own rules that may or may not be the same in your location... And yes, you are correct that what might be fully legal in terms of photographic law may still NOT be at all ethical in terms of Professional "Code of Ethics" elsewise. There are often "gray areas" where it might be legal but it wasn't ethical -- as well as times where there is a "dual relationship" issue re: the therapist wanting clients to create images that had secondary uses/goals (to help the therapist's career) that were not part of the original therapy goals themselves... Consent forms must be particular to specific images. (i.e., people cannot give you full rights to all images unless they really want to do that -- more often, they want to have control over WHICH images, and for WHAT uses, and for HOW LONG -- as well as what you would need to do to make new uses of them, as well as how they want each individual one to be disguised (or not), as well as HOW THEY CAN RESCIND THEIR PERMISSION IF THEY CHANGE THEIR MIND... In my own "Release to use Images" Form, I try my best to take into account all possible contingencies (I put myself into the role of the client -- what would *I* need to see for a guarantee that my rights won't be ignored)... In it, I attempted to "partialize" the various aspects of the form, which is relevant to your first concern about "signing that they know that identifying information may be included in the final Thesis, which in turn may be viewed by the general pubic as well as professionals"... You cannot ever create ONE release form that will work for ALL these people/situations. But what you CAN do is create one that is flexible enough that each person can clarify their own wishes, in detail, ON the form you provide (which is what mine does). So I would suggest that you create a Consent Form that does three things: 1) it goes into a LOT of detail (your committee might not like this, but it's the only way that you/they can be sure that the client IS in control of what portions can be used, under which circumstances... 2) it gives them the clear message that if they change their mind later, that you cannot go back in time, but you can agree to make no further new uses of their image or case details. and 3) it contains an EXTREMELY important line at the bottom (that is required here in Canada as part of ANY contract now), that says something like: "My signature below confirms that I have read this form, fully understand it, and am in agreement with all its terms -- and that I have asked for, and received satisfactory clarification regarding any questions or concerns I might have had about it prior to signing my full agreement below". THAT protects you and your University that the person cannot come back later and say "I didn't understand what I was signing"... Your responsibility in this is that if they read your form and don't understand a part of it, you must give them the explanation/clarification in writing, photocopy it, and both you and the client sign that explanation sheet (and date the signatures), and each of you keep a copy (i.e., two copies, black print, sign in blue* ink (each of you, on each copy), so that EACH of you leaves with an identical ORIGINAL. (*The blue ink is so that the original signature can be clearly distinguished from a photocopied one -- because even colour photocopies alter the colour and an expert in court WILL be able to distinguish between the two, if it ever got to that point). What you want to do is treat all this not with trepidation or embarrassment on your part, that they "have to" do such paperwork, but rather introduce it matter-of-factly as a document that is designed to give them full protection and control over the use of their own image. So, for example, you could say something like (and this is just a rough draft below; not a finished suggestion!): I, _________ agree to let _______ create photographs of me, over which I will have full control of the later use thereof. I understand that this process is being done as part of a research study for the purpose of a Thesis, and that these images must be created in order to validate the study, and that they might be selected for inclusion in the finished Thesis (which is accessible later in Libraries where the general public might have access). However I also realize that I have full control over how much of my identity will be revealed in any photographs of me used in the Thesis (I understand that I can first require that my eyes, face, or even entire body be blanked out so that it is unrecognizable, before these photographs are entered into the Thesis -- although in these cases I will still permit a representational sketch to be subsituted*). I agree to take part in this photographic process (self-portraiture) under these conditions: 1) Robyn may take and use any photographs of me, as long as I am permitted to first give binding instructions about what part(s) of any photograph (or accompanying identifying information therof) may be shown in these photographs used in the Thesis, before Robyn includes them*. 2) I give "consent" for the use of photographs of me to be used for the purpose of the Thesis ONLY -- OR-- 2) I give "consent" for the use of photographs of me to be used for the purpose of the Thesis *and also any later professional presentations or professional writing about this study (which I understand might be accessible by the general public). ** I realize that I have the right to keep my photographs from being reprinted in the Thesis, but that in this case, I will permit the Thesis Committee to view the necessary images in person, in the presence of each other, in order to validate that the images DO exist and that Robyn did indeed work with them in process with me. And in this case, I will "sign off" that the images are true documents used in my therapy process, and that Robyn's description of such (in lieu of being able to show them directly) is indeed an accurate representation of such. you see what I mean?? it is possible to work around the concerns and protect the client and yet have the images (or parts of them) for use. The client can release any portion of any photo (or not) but if they refuse, then they (as part of the agreement to take part in the study) are then responsible for giving you (and the Committee) some sufficiently valid input that the images *did* originally exist, and *did* resemble the "in lieu" sketch made of them and that they *did* have the process later described in words... Let me reassure you that MANY Theses/Dissertations have included self portraits and that EACH has to create consent forms that were acceptable not only to the committee but also to the participants, and this HAS been successfully done many times. It's just a matter of working out the details... One way a student I know got around this was to have the forms say "Images WILL be used and seen in full, in the Thesis that is turned into the Instructor & Committee for review/grading, but will be totally removed (or disguised by the "client") for any other printings of that Thesis (with the additional option to have a narrative description of the image in place of that image to be used) -- and/or the re-photographing of that image using a model in place of the client, for the purposes of public circulation of the Thesis (in which case the client must certify that the image is indeed an exact likeness of pose, mood, background, etc -- not to have their name shown ON the Thesis but that these certifications are on file with the Original Thesis, to which the extra pages have been added as an Addendum titled "To be used in any public showings of this Thesis beyond the copy submitted for Committee review/grading)... finally, re: "I could be directive and suggest they don't include their face in any shots, or I could obscure identifying information in the final copy of the thesis. However, I feel that both methods would defeat the purpose of the research", well yes but this would also serve as a nonverbal reinforcement that there's something "wrong" with using images in any Thesis documentation (or worse, re: using them in the first place). The goal should instead be to ensure that the images are used in a respectful and careful way, and that the client has the entire control at all times as to how their images are used, reused, and/or explained in words by someone deconstructing them... I guess the most important part of what I want to say to you, is please do NOT let the "paperwork" part of this get in the way of your passion for the work!!! hope all this helps, Judy (Weiser)