snowslider
Member
Okay so a lot of speculation on this topic I had similar issue recently but with a wedding situation.
I was an invited guest and asked to take images at the events by the bride during the event. Even thought she had a hired a photographer for the event. Perhaps an error on her part contract wise.
I posted the captured evening events on my website, two weeks later the bride and groom suddenly went ballistic on me claiming they owned the copyright to all my images (preposterous) and demanded I remove the images of them. They even contacted my host provided claiming I violated their copyrighted images, preposterous again.
My host provider unpublished the images, I republished them within the hour, I called my host provider and politely reminded them of my contract agreement with them and it hasn't been an issue with my host service since.
See us copyright law http://www.copyright.gov/
Who Can Claim Copyright? http://www.copyright.gov/circs/circ1.html#wccc
Two days after demanding I remove the images, the bride audaciously posted these same images I took, and posted them on her own blog site with general references to me and that I took the pictures. (Perhaps another contract error on her part)
Also see this link, it provides case law information for all 50 US states.
In my state, their was a case similar enough that has a State Supreme court ruling on the matter, This one case was the ultimate case killer and protection and a great reassurance for me.
http://www.rcfp.org/photoguide/stateindex.html
The happy wedding couple has yet to show a single image from her hired photographer or videographer to this point it's been a couple months now.
As per the comments of destruction of your images, it is plain ridiculous.
You own them no can claim them without legal compellation, and no judge in his right mind would make you destroy them. Make a copy on a Disc, have a friend keep a copy or 2 at their house for safety.
O yeah registers them right away with the US copyright office.
http://www.copyright.gov/eco/index.html
They Zoo can claim a fee for your using them in a commercial fashion(Max of $250 or whatever is reasonable) but they have to prove that you use them for commercial use. They may not be able to claim a fee until you register and record a commercial sale.
Have another individual get a copy from the zoo of their commercial contract agreement and read the fine print of it. You may be exempt based on their own contract terms.
Information is Mighty Power when it comes to legal cases, that why law firms have huge libraries and staff who do research on previous cases all the time. No judge really wants to contradict or risk being overturned by another Judge.
That's why you always hear in movies about Case #1234 X defendant vs. X Plaintiff
Calm minds come to great results, work out a licensing arrangement with them.
Allow them to use said image or images for a specific term and time frame. Web use for example, they must place photo credit and link to your website, have them grant you a lifetime member status, your now a benefactor to the Zoo, Sell postcards of your images at the Zoo, Yes work out a deal, mark sure your deal has legal protections built info it for yourself, Contribute x $$ per card sale to zoo efforts, etc.
My experience tells me they really like your images and are trying to scare you without recourse or even intentionally. Most people are plain ignorant to law, they claim to be experts and use modified or outlandish stories to somehow claim it's a law.
Don't freak out, this is simply a new way to generate revenue,
It also helps to talk to the right people and approach them in the right way.
The top Administrator at the Zoo, come in with a proposal, Don't show your images on the cheap, ask top dollar for them, say Since this is a Not-for Profit I can waive my creative fee, also know as Pro Bono, and just charge them for your image licensing use, (posters, postcards, Banners, Displays, POP, Advertising, Etc)
It always helps to show the big expense then your can show what a great person that you are, work out a better deal, advertising and links to your website, helping the zoo generate revenues. This is huge for most Zoos’ they need or will never say no to a way to raise needed funds and recognition to their cause.
Good Luck.
I was an invited guest and asked to take images at the events by the bride during the event. Even thought she had a hired a photographer for the event. Perhaps an error on her part contract wise.
I posted the captured evening events on my website, two weeks later the bride and groom suddenly went ballistic on me claiming they owned the copyright to all my images (preposterous) and demanded I remove the images of them. They even contacted my host provided claiming I violated their copyrighted images, preposterous again.
My host provider unpublished the images, I republished them within the hour, I called my host provider and politely reminded them of my contract agreement with them and it hasn't been an issue with my host service since.
See us copyright law http://www.copyright.gov/
Who Can Claim Copyright? http://www.copyright.gov/circs/circ1.html#wccc
Two days after demanding I remove the images, the bride audaciously posted these same images I took, and posted them on her own blog site with general references to me and that I took the pictures. (Perhaps another contract error on her part)
Also see this link, it provides case law information for all 50 US states.
In my state, their was a case similar enough that has a State Supreme court ruling on the matter, This one case was the ultimate case killer and protection and a great reassurance for me.
http://www.rcfp.org/photoguide/stateindex.html
The happy wedding couple has yet to show a single image from her hired photographer or videographer to this point it's been a couple months now.
As per the comments of destruction of your images, it is plain ridiculous.
You own them no can claim them without legal compellation, and no judge in his right mind would make you destroy them. Make a copy on a Disc, have a friend keep a copy or 2 at their house for safety.
O yeah registers them right away with the US copyright office.
http://www.copyright.gov/eco/index.html
They Zoo can claim a fee for your using them in a commercial fashion(Max of $250 or whatever is reasonable) but they have to prove that you use them for commercial use. They may not be able to claim a fee until you register and record a commercial sale.
Have another individual get a copy from the zoo of their commercial contract agreement and read the fine print of it. You may be exempt based on their own contract terms.
Information is Mighty Power when it comes to legal cases, that why law firms have huge libraries and staff who do research on previous cases all the time. No judge really wants to contradict or risk being overturned by another Judge.
That's why you always hear in movies about Case #1234 X defendant vs. X Plaintiff
Calm minds come to great results, work out a licensing arrangement with them.
Allow them to use said image or images for a specific term and time frame. Web use for example, they must place photo credit and link to your website, have them grant you a lifetime member status, your now a benefactor to the Zoo, Sell postcards of your images at the Zoo, Yes work out a deal, mark sure your deal has legal protections built info it for yourself, Contribute x $$ per card sale to zoo efforts, etc.
My experience tells me they really like your images and are trying to scare you without recourse or even intentionally. Most people are plain ignorant to law, they claim to be experts and use modified or outlandish stories to somehow claim it's a law.
Don't freak out, this is simply a new way to generate revenue,
It also helps to talk to the right people and approach them in the right way.
The top Administrator at the Zoo, come in with a proposal, Don't show your images on the cheap, ask top dollar for them, say Since this is a Not-for Profit I can waive my creative fee, also know as Pro Bono, and just charge them for your image licensing use, (posters, postcards, Banners, Displays, POP, Advertising, Etc)
It always helps to show the big expense then your can show what a great person that you are, work out a better deal, advertising and links to your website, helping the zoo generate revenues. This is huge for most Zoos’ they need or will never say no to a way to raise needed funds and recognition to their cause.
Good Luck.
Fran
