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Model Release for Animals?

This is a discussion on Model Release for Animals? within the Business Talk forums, part of the Business Discussion category; What if you are in public and happen to get a good shot of somebody's dog? Would you need a ...

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Model Release for Animals? - 10-19-2006, 03:04 PM


What if you are in public and happen to get a good shot of somebody's dog? Would you need a model release to submit that photo to a stock agency or something like that just like you would if it's a person?

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10-19-2006, 03:12 PM


short answer is "depends" or "sometimes"

If the animal is readily recognizable, famous, or registered (i.e. a show animal) then you probably need a release for non-editorial usage.

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10-19-2006, 03:30 PM


It's called a property release since the animal is the property of an owner. Main issue is if the animal is 'recognizable' or 'identifiable' like one you might see in a Taco Bell commercial (yo quiero Taco Bell!)

IMHO of course. And I'm not a lawyer, nor do I play one on TV.

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10-19-2006, 05:07 PM


haha, that taco bell dog ruled!

So ya i was just thinking of your average dog you might see at the park or whatever. Of course to their owners, most dogs are very recognizable especially with their collars, tags, leashes, etc. That's why I was wondering.

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10-19-2006, 05:24 PM


Depends on the stock agency but your always safe with a property release. Remember, we're in Texas and pets can, and in most cases, are considered livestock and livestock is property.
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10-19-2006, 05:54 PM


Quote:
Originally Posted by Dokk
Depends on the stock agency but your always safe with a property release. Remember, we're in Texas and pets can, and in most cases, are considered livestock and livestock is property.
Been here before.

http://www.texasphotoforum.com/forum...Animal+release

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10-19-2006, 06:53 PM


From what I have read (the Dan Heller article touches on this, I think), it is UNLIKELY (not impossible) that you would suffer any monetary damages for using pet photos commercially without a property release. The Dan Heller articles says that an average person has to be able to recognize the property for them to think a release is necessary. Otherwise, the claim would be *probably* be dismissed as frivolous. It is unlikely that the average person can tell the difference between one person's cocker spaniel and any others.

That said, does that make it a good idea? PROBABLY not. I'm guessing most knowledgeable buyers would not purchase a photo for commercial use without a release even if you didn't care.

Acclaim Images is a stock agency that requires a property release for pets for commercial use no matter what.

If you happened to photograph a show dog and used it commercially without a release, their owner might come after you. For people who make a living or part of one in showing their dog, I guess there is more at stake. At least, I can see how there would be more interest in protecting the image of their companion/asset.

You can submit just about anything for editorial use, including someone's pet. Acclaim Images allows pet photos without property release for editorial use. You never know when someone might need a photo like that for a textbook or magazine. I say, load up the ones with no releases for editorial use. Doesn't hurt anything. If you get a release, it can also be used commerically.

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Last edited by suzyjazz; 10-19-2006 at 07:00 PM..
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