Keywords; photograph, promotional piece, record company, recognizable, photographs,authorize, usage, advertising purposes, photo, model release/stock release, copyright, clicked, case, local copyright attorney, Small Claims Court, county courthouse.
Copyright Answers
June 1999
J. Dianne Brinson is a copyright attorney specializing in intellectual property. She is co-author of The Multimedia Law and Business Handbook ($44.95 plus $7 p&h), and author of INTERNET LEGAL FORMS FOR BUSINESS ($24.95 plus $5 p&h). LADERA PRESS, 3130 Alpine Rd., Suite 200-9002, Menlo Park CA 94025. On-line she may be reached at LaderaPres@aol.com; Web: www.laderapress.com. Her Web site includes a free primer on intellectual property law.

ANIMAL PHOTO INFRINGEMENT

Q: I recently came across a photograph of one of our 200 animals that was used for a promotional piece for a record company. The animal is recognizable and is definitely one of our photographs. The zoo didn't authorize any usage for advertising purposes for this photo. Would a model release/stock release apply to animals?

A: Whether the photograph is a picture of a building, person, animal, etc. - the copyright belongs to the photographer, the moment it is "clicked." If your zoo owns the picture, then you have a case.

A local copyright attorney can steer you in the right direction.

If you think you have a case, you might want to pursue it in Small Claims Court.

A person at your local county courthouse could steer you in the right direction on how to bring a case to small claims court (usually with a $2,500 ceiling).

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