When is consent required?
Schools/TAFEs who wish to use a student’s work for non-educational purposes will need to seek consent from the student. Often schools will obtain this consent from students at the time of enrolment. Note, if the student is under 15 years old, you will need permission from the parent/guardian.
Consent is required when publishing students’ works internally (eg on a password protected digital teaching environment (DTE) or classroom) or externally (eg on the school website or social media platforms such as Facebook or YouTube):
- in class activities
- in documents, school magazines, newsletters, displays, journals, professional development materials used internally or externally
- as part of marketing materials for the school (eg an information booklet, poster or on the school website).
This information sheet provides sample templates for seeking permission/consent from students (or their parent/guardian).
Sample consent forms
NCU recommends schools/TAFEs use two separate forms:
- General student consent form – a form to deal with copyright in a student’s works
- Student photo and video consent form – a separate consent form to deal with privacy in student’s photographs and videos if the school/TAFE wishes to use photographs or videos of students. NCU does not recommend incorporating the privacy form as part of the general consent form.
It is not mandatory to use these forms. They are simply templates to assist schools/TAFEs when seeking consent from students for the use of student works. The templates can be modified to suit your school/TAFE’s purpose.
General student works consent form
The general student works consent form covers the school’s use of student copyright works (made by them or to which they may have contributed during the course of their studies) and asks parents/students (depending on the age of the student) for permission to publish, reproduce and communicate student works in publications and/or internal/external displays. There is no provision for parents and/or students to withdraw consent and the consent lasts for the term of copyright. If required, you can include options to limit how much of the student’s personal information is displayed (eg first name only).
This form also deals with the student’s moral rights. Moral rights means the right of integrity of authorship (that is, not to have the work subjected to derogatory treatment), the right of attribution of authorship of a work, and the right not to have attribution falsely attributed. In recognition of these moral rights, the student should receive an attribution (ie the student be named as author of creative work such as a poem or artwork if it is being reproduced in the school website or magazine), unless it is reasonable not to provide the attribution, or the student has consented to not receiving the attribution. However, we suggest that this full attribution be optional if requested by a parent/guardian/student (ie first name only with the student’s year, school).
Student photo and video consent form
Schools/TAFEs should use the student photo and video consent form when dealing with privacy in student’s photographs and videos.
When using this form, it is important to consider:
Duration period of consent – consider whether you only want to use the photographs/videos whilst the student is at the school/TAFE or whether you would also like to continue using it after the student has left the school (eg in promotional material, commemorative yearbooks, etc). In this template the permission is ongoing (ie goes beyond the end of the student’s time at your school) unless the student or parent/guardian withdraws it in writing.
Specific Consent – to ensure compliance with the Privacy Act, we recommend that the consent form lists the potential publications and gives parents the option to tick which publication(s) they wish their child’s photograph or video to appear in.
Withdrawal of consent – the form gives the student or parent/guardian (if the student is under 15) the right to withdraw consent at any time by giving written notice to the school, and emphasises that the individual has a responsibility to notify the school if they want to withdraw consent.
If that occurs, then the school can no longer use the photograph(s) or video(s) of the student. Once the school has received notice that the student’s consent is withdrawn, the school must not make any new publications of the student’s photographs or videos. The school must take reasonable steps to remove the student’s photograph or video from current publications but that this may not be possible or practical in some situations.