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Fort Worth Zoom Lens Contest?????

This is a discussion on Fort Worth Zoom Lens Contest????? within the Dallas / Fort Worth forums, part of the Texas category; As for "giving up your rights", this contest was actually pretty photographer-friendly. It explicitly states you retain copyright for your ...

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  (#16) Old
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08-17-2006, 03:14 PM


As for "giving up your rights", this contest was actually pretty photographer-friendly. It explicitly states you retain copyright for your images (unlike some others I've seen). Sure, you're granting the Zoo the right to use the entry to promote the contest or the zoo. That hardly seems odious to me and you could even argue it's for a good cause. I meant to enter the contest but didn't get around to it before the deadline passed, the fact that you had to enter via snail-mail or else fax the contest agreement just ended up being too much hassle.

About the Zoo's restriction on "commercial" use there is plenty of legal precedent to establish that selling "fine art" prints is not commercial use. The fact that money changes hands is not what matters, but rather whether the image is used for advertising or promotional uses, or in any way implies an endorsement.

Additionally, there's a very strong argument to be made that property releases are rarely if ever required for any type of use: http://www.photoattorney.com/2006/05...revisited.html

Sure, the FW Zoo could probably sue Leena Robinson but they'd almost certainly lose and if their lawyers have any sense at all they'll know that. About the only thing they can really do is bar her from entering the zoo again. IMHO the only real mistake she made was mentioning where the image was taken in her for-sale listing (that wasn't terribly smart).

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  (#17) Old
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08-17-2006, 03:47 PM


To prevent any misunderstanding about zoo pics I have on my website it is the only folder you can't order pics from. I have sold some to publications, newspapers, but only with the permission of the zoo and on one occasion the Dallas Zoo purchased some from me for their memorial for Jabari.

It is really not difficult to get their permission if you use the pics for a publication that will benefit them. Because of this I would rather not give my pics to them in a contest when I could possibly sell them the pics instead.
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08-17-2006, 06:53 PM


Well said, Jim.

I sent the info about the image for sale to my contact at the zoo.. I got a reply back this morning from someone else that said they were investigating it....


And no, I didn't even enter this contest. I wanted it to call it to their attention because its this kind of nonsense that often results (at other places) in more stringent restrictions on photographers. The Fort Worth Zoo lets you do just about anything you want that doesn't endanger the animals, public, or yourself (short of reselling photos for your own profit)... and I'd like to keep it that way.

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08-17-2006, 07:11 PM


I agree with Jeff. From what I have read and heard from non micro-stock agencies, art prints are editorial use. It's also refreshing to see a photo contest require only non-exclusive rights and not assume copyright. Maybe I just haven't looked at enough of them.

Quote:
Originally Posted by jeffkohn
About the Zoo's restriction on "commercial" use there is plenty of legal precedent to establish that selling "fine art" prints is not commercial use. The fact that money changes hands is not what matters, but rather whether the image is used for advertising or promotional uses, or in any way implies an endorsement.

Additionally, there's a very strong argument to be made that property releases are rarely if ever required for any type of use: http://www.photoattorney.com/2006/05...revisited.html

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Howdy All - 08-17-2006, 09:49 PM


Howdy All,

I have to agree with Brad and Others about the freedom to roam around the Zoo un-restricted is a wonderful treat. I hope they continue to treat Photographers that way, especially after the results of the first contest they have had in years. I have noticed that not many if any of the TPF members submitted pictures for the contest. I had planned to but just forgot all about it until the deadline was looming and decided not to.

The Zoo seems to be opening it doors to Photographers lately where in past they didn't really pay much attention to all the great shooters that visited the Zoo and a lot I had talked to were more than willing to donate their images, but didn't seem to get very much response or earerness from the Zoo PR Staff. I hope this little incident doesn't destroy the confidence the Zoo has in all the Shooters that visit and will continue with it's programs like the Photo Safari and other things designed more for the Photographer.

I was pleased to see that they reacted fast, and apparently found the parties had violated the rules and I guess the others will move into their slots for First Place and Best In Show.

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08-17-2006, 10:32 PM


Tom I need one of those lenses WOW
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08-18-2006, 01:22 AM


FYI - Email from webhost...

"-----Original Message-----
From: photographers@photo4me.com [mailto:photographers@photo4me.com]
Sent: Friday, August 18, 2006 1:05 AM
To: andrew@crystalclearmedia.com
Subject: Re: Sale enquiry

Hello Andrew,

It looks like the photographer has removed the image.

Thank you for alerting us.

Regards
Support

<andrew@crystalclearmedia.com> wrote:

> The following photo violates copyright laws given to the photographer from
the
> Ft. Worth Zoo.
>
> http://photo4me.com/cart/details.asp?PictureID=9752
>
"

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