When You Need a Release
When You Don’t Need a Release
Components of a Release
Samples

A release is a mechanism that allows you to use another person's image.

Some projects require photographs or videos to accomplish the research ("Reflections of Emotion in Faces of Differing Ethnic Backgrounds"). But most research projects do not require photographs of subjects. Because photographs are identifiers, think carefully about whether you need to collect images and how the release of the images might compromise subject confidentiality and cause them harm.

When You Need a Release

Releases should be obtained from research subjects for any of the following uses of photographs, videotapes, or audiotapes.

• To present your research materials to a campus audience other than your funding program, e.g., a photo exhibit, a talk
• To present your research materials off campus, e.g. another university in North Carolina
• To archive the materials for future educational or research purposes at a library or other collection
• To allow the materials to be placed on the Internet, as part of your own project or by an organization that is archiving the material
• For developing commercial products, e.g. a film (This is rarely a component of student projects, and requires release of copyright and other legal issues. Consult the IRB staff if you think you will need this type of release.)

When You Don’t Need a Release

• It is generally not necessary to obtain written releases for taking photographs or making videotapes in public places, such as a town square or park.  However, there are exceptions. For example, videotaping people who have just left a building housing a needle-exchange program could be considered a violation of privacy.

• It is not necessary to obtain releases to show material to members of your sponsoring organization, members of your research team, your advisor, or to your funding program at Duke.  However, you must state in the consent process that these people will see the material and in what format.

• If you are using audio-tapes only for the purpose of creating an accurate transcript and do not plan to keep the tape, you do not need a release. You do need to tell subjects why you want to tape the interview and give them the opportunity to decline being taped.  It is good practice to ask subjects after the interview if there is anything they would like to amend or add and if they are still willing for you to use the material. 

Components of a Release

1. A description of the material to be released
2. A list of ways you want to use the material 
3. The subjects agreement: written, recorded, or oral, depending upon the circumstances
4. A statement that signing the release is voluntary
5. Parental permission if the subjects are minors

If you plan to archive materials for future research and educational purposes, the archive will require some proof that the subject has agreed that the photographs or videotapes may be archived. The archive will also need a statement about whether or not the materials can be placed on the Internet.

Obtaining releases to use materials for research and educational purposes and to archive them for public use can present challenges when subjects are not literate or when the subject matter could place a subject at risk and the subjects’ names should not be used. In such cases the preferred method for obtaining release is to record your research participants' permission for you to use their images at the end of the video/audio taped interview. That way consent for the use of specific material is documented as part of the recording to be submitted to an archive. 

If you know in advance that you plan to archive materials at a collection other than one of Duke University libraries, such as at the Center for Documentary Studies, you will need to contact the archivist to find out if there are particular requirements regarding the elements of a release.

Samples

• Written Release
• Recorded Release
• Parental Permission Language for Release Forms
  see also: Appendices: Sample Consent and Associated Release Forms