Omaha Public Library (OPL) Public Filming, Photography, and
Recording Policy

PURPOSE:
The purpose of this policy is to establish the terms and conditions under which the library space may be used for filming, photographing, or recording (hereafter referred to as “recording”) on library property. The federal courts have defined public libraries as a limited public forum. Therefore, constitutional protection is afforded only to those expressive activities that are consistent with the mission and purpose of the library.

Omaha Public Library (OPL) patrons have the right to acquire knowledge and information freely and confidentially without scrutiny, intimidation, or distraction by others. In Nebraska, registration, circulation records, and patron accounts are not public records as set forth in Section 84-712.05(13) Nebraska Revised Statutes. Consequently, the library limits recording of patrons as outlined in this policy.

All parties involved in recording on library property are required to follow the library’s Code of Conduct.

POLICY:
Under no circumstances may the public or members of the media record on library property without the express permission of any library patrons or staff being recorded. Capturing identifiable likenesses of individuals or their computer screens, books, documents, or other materials, is not permitted without the written consent of the patron or staff member, and the library undertakes no responsibility for obtaining this consent. If any person to be recorded is under 19 years of age, written permission shall be obtained by the photographer or videographer from a parent or adult guardian on behalf of said minor.

All recording must be carried out so as not to disturb library users or staff; shall not block aisles, walkways, stairwells, doors or exits; and shall not move or relocate library property or the property of patrons. Patrons shall not be required to relocate or move to accommodate recording.

Recording is prohibited in restrooms, as well as in non-public areas of the library, unless written consent to do so is given by the Library Director.

In all instances, the library reserves the right to cease recording if it results in a disruption of the library use and operations.

Recording library workers: In their capacity as employees, library workers do not have the same privacy rights as library users, and courts have upheld the right to record public employees carrying out their duties in public spaces. However, recording in the library should not monopolize library workers’ time, or interfere with the performance of their duties. Recording that interferes with or harasses workers is not permitted.

News media recording: New media photographers, and reporters who are doing stories or projects that directly involve the library and its programs, resources, and services must receive advance authorization for such coverage from the Library’s Director, Assistant Director, or Marketing Manager prior to recording.

Amateur recording: Casual amateur recording is permitted in library facilities for patrons and visitors wanting a remembrance of their visit, provided that other library users are not captured in any such recordings without their permission.

Commercial recording: OPL does not permit commercial recording on its properties or inside of its facilities without the permission of the Library Director, Assistant Director, or Marketing Manager. This includes but is not limited to: using the library buildings, grounds, or interiors as a stage set for portraiture, model photography, or product photography, or recording used to advertise goods or services unrelated to the library for commercial sale or promotion.

Film industry: OPL will permit the use of its facilities for film-related projects where a library setting is applicable if the project does not interfere with the mission of OPL, is in accordance with the rest of this policy, and avoids any relation to political campaigns or to partisan issues. Such projects require the approval of the Library Director, or their designee, with all details coordinated in advance with Library Administration and the Marketing Department, and will generally require a Location Agreement to be prepared by the City Law Department. Recording may take place only during hours when the library is closed, and all equipment must be removed during the library’s operating hours, unless approved otherwise by the Library Director or their designee.

OPL frequently engages in recording library programs and events, on and off site, for its own publicity and promotional purposes. The library will obtain written permission from anyone included in these recordings prior to their use.

IMPLEMENTATION:
OPL staff and security personnel shall have the responsibility for enforcing this policy. They may terminate any recording session that appears to compromise public privacy, safety, or security, or is in violation of OPL’s Code of Conduct.

Approved by the Board of Trustees
of the Omaha Public Library March 20, 2024