Interesting photography policy at the local zoo

[pbelarge]

Sounds like something that has to be decided by a judge.

I think the little disclaimer on the ticket is bull****, but you would have to argue that in court.

How many people do that? Not many, I bet.

On the rare occasion they lose the case, I'm sure they're not really out that much.

If I had to put my money on anything, it would be this.

 

[Renol]

Some quoting from the policy "By entering the zoo, you acknowledge that you may be and you agree to be filmed, videotaped, and/or photographed by a Chicago Zoological Society rep and give the Society permission to use your photograph and likeness in all media now known or hereafter developed, worldwide indefinitely. You acknowledge that the Society shall own all rights, title, and interest in all photographs and materials created incorporated the photograph or likeness." Then it goes on about the your commercial use of stuff you take as stated in the first post.

So yea as others have said, I'd be real interested in seeing what would happen if they took your picture and made money off it and someone challenged it in court. Probably one of those grey area things...

 

[Village Idiot]

People do this for weddings too. Like if a photographer has a general release in the contract that a bride signs so they can use photos from the wedding for commercial use like advertising.

 

[skieur]

Some quoting from the policy "By entering the zoo, you acknowledge that you may be and you agree to be filmed, videotaped, and/or photographed by a Chicago Zoological Society rep and give the Society permission to use your photograph and likeness in all media now known or hereafter developed, worldwide indefinitely. You acknowledge that the Society shall own all rights, title, and interest in all photographs and materials created incorporated the photograph or likeness." Then it goes on about the your commercial use of stuff you take as stated in the first post.

So yea as others have said, I'd be real interested in seeing what would happen if they took your picture and made money off it and someone challenged it in court. Probably one of those grey area things...

I don't know as much about contract law in the U.S. but in most, if not all parts of Canada, you agree to a contract by SIGNING the contract,...certainly NOT by entering, buying a ticket, opening a package, using a product etc.

skieur

 

[fwellers]

Well, you could always fly to Africa and see them in the wild. You'd then be free to photograph them without the pesky fences or evil corporations, man! That'd really stick it to them, fwellers! POWER TO THE PEOPLE!!!

They wouldn't care if I went to africa to take pictures. But if they did, there would soon be a law preventing me from doing it.

 

[Village Idiot]

Some quoting from the policy "By entering the zoo, you acknowledge that you may be and you agree to be filmed, videotaped, and/or photographed by a Chicago Zoological Society rep and give the Society permission to use your photograph and likeness in all media now known or hereafter developed, worldwide indefinitely. You acknowledge that the Society shall own all rights, title, and interest in all photographs and materials created incorporated the photograph or likeness." Then it goes on about the your commercial use of stuff you take as stated in the first post.

So yea as others have said, I'd be real interested in seeing what would happen if they took your picture and made money off it and someone challenged it in court. Probably one of those grey area things...

I don't know as much about contract law in the U.S. but in most, if not all parts of Canada, you agree to a contract by SIGNING the contract,...certainly NOT by entering, buying a ticket, opening a package, using a product etc.

skieur

Are you 100% sure about that and can you find any information where some one was invited to an event/place or payed for their way in that tried to sue for something like this and prevailed because they didn't sign anything?

I mean, by purchasing a ticket to a private event on private property, you're agreeing to do as the owner(s) of that grounds states as long as it's not illegal

 

[KmH]

People do this for weddings too. Like if a photographer has a general release in the contract that a bride signs so they can use photos from the wedding for commercial use like advertising.

Here in the US the B&G are only signing for the B&G. They cannot legally sign for anyone else in the wedding party, nor any of the wedding guests.

But, self promotion is not considered advertising/commercial use, unless it can be perceived that people in the photo(s) used are endorsing or sponsoring the image makers business.

Additionally, images made in a public setting, like a wedding, are not subject to model release requirements when used in self promotion, because the people in the image(s) could not have had a reasonable expectation of privacy.

Little of it is as cut-and-dried as we would like to think.

Advertising/commercial use by a business other than sel promotion by the wedding photographer is a whole other deal.

 

[Garbz]

I don't know as much about contract law in the U.S. but in most, if not all parts of Canada, you agree to a contract by SIGNING the contract,...certainly NOT by entering, buying a ticket, opening a package, using a product etc.

As far as I am aware in the US contract law is very similar to Australia where a contract is based on offer, acceptance, and consideration. Acceptance does NOT need to be via a signature. It can be verbal and it can be implied through the exchange of consideration.

That is in good faith if I offer you a camera for $100, and you say you accept and pay me the $100, we have formed a contract whereby I need to now hand over the camera.

With that taken into account I would imagine there would be caselaw saying that the contract terms are unconscionable.

 

[skieur]

Some quoting from the policy "By entering the zoo, you acknowledge that you may be and you agree to be filmed, videotaped, and/or photographed by a Chicago Zoological Society rep and give the Society permission to use your photograph and likeness in all media now known or hereafter developed, worldwide indefinitely. You acknowledge that the Society shall own all rights, title, and interest in all photographs and materials created incorporated the photograph or likeness." Then it goes on about the your commercial use of stuff you take as stated in the first post.


I mean, by purchasing a ticket to a private event on private property, you're agreeing to do as the owner(s) of that grounds states as long as it's not illegal

However, the only recourse that the owner has, if you do NOT follow his rules and yet do not commit a crime is to kick you off the property or charge you with trespassing.

skieur

 

[pmsnel]

One not so serious solution to not being put on T-shirts/posters/leaflets/books/etc.

Just wear your ugly face to the zoo. A few fake warts ands scars may do wonders! (unless you don't need them of course, but then you don't need to worry about the picture being taken in the first place...)

 

[skieur]

Some quoting from the policy "By entering the zoo, you acknowledge that you may be and you agree to be filmed, videotaped, and/or photographed by a Chicago Zoological Society rep and give the Society permission to use your photograph and likeness in all media now known or hereafter developed, worldwide indefinitely. You acknowledge that the Society shall own all rights, title, and interest in all photographs and materials created incorporated the photograph or likeness." Then it goes on about the your commercial use of stuff you take as stated in the first post.

So yea as others have said, I'd be real interested in seeing what would happen if they took your picture and made money off it and someone challenged it in court. Probably one of those grey area things...

I don't know as much about contract law in the U.S. but in most, if not all parts of Canada, you agree to a contract by SIGNING the contract,...certainly NOT by entering, buying a ticket, opening a package, using a product etc.

skieur

Are you 100% sure about that and can you find any information where some one was invited to an event/place or payed for their way in that tried to sue for something like this and prevailed because they didn't sign anything?

I remember a case where a safari/game park has a regulation that you cannot use photos of their animals for commercial purposes. One photographer did and he was sued by the park. The photographer won.
The judge indicated that although on private property, it was like an arena etc. still a public place and a model release is certainly not necessary for a photo of an animal.

Now, as to whether the details of that case are on the net and how I would find them??????

Some photographers still read newspapers and remember what they read, even after a few years.

skieur