Question about model releases

[Phranquey]

No one can copyright their property.

skieur

You are correct, a property cannot be copyrighted, but it can be trademarked.

Anyone can go take a photo of any trademarked structure... it's what you do with that photo that you must be careful. It can be printed and sold, as long as there is no commercial association with another entity. If an association is proved, there is a potential loss of licensing income from the trademark owner.

 

[KmH]

Onb the off chance they did want to use the photo, is there any idea what kind of price to look for? Should I insist on credit for it? Would it be industry standard to compensate the model?

Thanks for all the info.

If the zoo wanted to use the photo, you would sell them a use license and in the license you would require they provide you with a tear sheet. It's not likely they would credit you.

To write the use license, you would need to know how the zoo planned to use the image.

No, it would not be industry standard to compensate the model beyond what is required by the applicable state law. Providing the model a single copy of the image, or some other token compensation would be sufficient in most states.

 

[Heretotherephoto]

sorry total noob here what's a tear sheet?

 

[Josh66]

sorry total noob here what's a tear sheet?

It's essentially a sheet torn from the publication that the photo was published in. (Proof that it was published.)

(A sheet torn from a magazine.)

 

[RyanLilly]

Also the zoo's rule about no commercial photography is probably more to keep droves of photographers from overrunning the patrons who are there to see the exhibits.

 

[skieur]

No one can copyright their property.

skieur

You are correct, a property cannot be copyrighted, but it can be trademarked.

Anyone can go take a photo of any trademarked structure... it's what you do with that photo that you must be careful. It can be printed and sold, as long as there is no commercial association with another entity. If an association is proved, there is a potential loss of licensing income from the trademark owner.

Yes, it can be trademarked. but as you pointed out printing or selling the photo does not violate the trademark and neither does most use. Of course, the user/buyer becomes responsible for "associations" so it is not really a problem for the photographer.

Needless to say, any photographer should make every effort to avoid any "associations" within the image related to trademarked items. Beyond that, it is not it is the responsibility of the photo buyer and user.

skieur