The Allen County Public Library (ACPL or Library) is a public gathering space that is a limited public forum with respect to First Amendment rights. Members of the general public have the right to take photos or recordings in open, public areas of the library for personal, non-commercial use subject to the terms of this Policy. Library patrons also have the right to use library services without fear that their identity, location, or reading choices will be published or that their use of the Library will be hindered, disrupted, or otherwise interfered with, which right is one of the bases for the limited nature of the public forum and for this Policy.

The Library has a legal obligation to protect activities related to its purpose under Indiana law and its mission – enriching the community through lifelong learning and discovery. Other activities, such as the right to photograph, record, or film, can be restricted if they interfere with library functions, operations, federal law, state law, or the ACPL mission.

This Policy is designed to provide guidance regarding photography and video recording at the ACPL. In general, photography and/or filming is permitted in public spaces provided it does not:

• Interfere with patron rights

• Include minors whose parent or guardian has not consented in writing

• Pose a risk to safety

• Impact access to Library services or resources

• Cause a disruption

• Constitute harassment

• Hinder a staff member from performing work duties

• Necessitate special equipment such as tripods, lighting, flashes, or the like to avoid disruption to patrons and/or staff, unless permission to use such special equipment has been granted in writing by ACPL management prior to the proposed use of the equipment  Endorse a product

• Violate the Patron Behavior Policy

• Violate local/state/federal laws

1. Definitions

   The terms “photograph” or “photography,” “recording,” “video recording,” or “filming” as used in this Policy are used generally and interchangeably and refer to any method or means including, but not limited to, photography, filming, audio recording, videotaping or any other process of still or moving image or audiovisual capturing in any method or means used now or in the future.

   
   

   Public spaces include properties, branches, vehicles, and facilities owned, leased, or otherwise occupied by the ACPL excepting non-public spaces (such as washrooms, reservable study spaces, offices, break rooms, staff work areas, and staff only or restricted areas).

   
   

2. First Amendment Considerations

   Inside the Library, individuals can exercise their First Amendment expression rights to any extent that does not interfere with the Library’s purpose or mission as set forth in ACPL’s Mission Statement and Indiana law (IC § 36-12-1-8):

   
   

   Public libraries are to be “part of the provision for public education” by meeting “the educational, informational, and recreational interests and needs of the public” through “collecting and organizing books and other library materials” and “providing reference, loan, and related services to library patrons.”

   
   

   If a patron behaves in a way that impedes the Library from accomplishing these goals, that behavior is not protected by the First Amendment, even if it is a form of expression or communication.

   
   

3. Other Considerations

   • Consent: As a courtesy, patrons and staff should be consulted before being photographed or recorded. If an individual does not wish to be photographed or recorded, that person should notify the photographer to that effect, and that individual shall not be photographed or recorded, as the case may be.

   • Media Requests: Whenever possible, the ACPL requests news media photographers and reporters obtain advance permission before photographing or recording inside ACPL facilities in order to protect the safety, privacy, and access of those using Library facilities and resources. Media are permitted to use standard tripods, microphones, and portable lighting. They may be asked to provide media credentials upon arrival.

   • Commercial Projects, Nonprofit, Academic or Research Projects: Library spaces may not be used as settings for commercial, nonprofit, academic, or research recordings unless prior approval is granted by the ACPL Communications Department or a designated Library recording space is reserved in advance. o

     • The Library’s name, logo, and/or likeness may not be used to project, suggest, or express an implied partnership, sponsorship, affiliation or any other type of relationship between the Library and any individual photographer or any person, entity, organization, or cause with whom or with which the photographer may be affiliated or employed.

       
       

4. General Policy Regarding Permission

   Permission is required for any filming or photography that could potentially disrupt operations or that will require permission from patrons using ACPL facilities. Permission is also required if the filming location is not readily accessible or requires special accommodation or access. Requests for permission to film, photograph, or record should be made 3 weeks in advance. Permission may be obtained via submission to www.acpl.info/recordingrequest. Any party photographing, filming, or recording with permission does so at that party’s own risk and will be liable for injuries to persons or property resulting from such activities on 2Library property. Any decision to not grant permission, to terminate previously-granted rights, or otherwise to enforce this Policy that is disputed or challenged may be appealed to the ACPL Executive Director (or in the Executive Director’s absence or unavailability to the ACPL Chief Operating Officer).

5. Liability Permission to photograph or record does not release the persons or groups involved from liability for injuries to persons or property that result from their activities on Library property.

6. Photographic Releases

   Photographers filming or photographing on Library premises have sole responsibility for gaining all necessary releases and permissions from persons who can be identified in any photograph or recording. The ACPL assumes no responsibility for obtaining these releases.

7. Photography Logistics

   Library staff may terminate any approved session that compromises public safety or security of people, buildings, or collections or that violates this Policy.