Images captured in a Zoo

[white.elephant]

General question: My wife captured some lovely images of giraffes in a zoo while we were visiting there one day. One image in particular was really quite lovely of a mother giraffe and her child. She was considering entering that image in a contest sponsored by a greeting card publisher. If she wins, she would get no compensation but the card would be available for purchase online and in stores, so obviously the greeting card company would make money.

She asked me whether she could enter that image in the contest because it was captured on the grounds of that zoo. In other words, what rights to the image does she have owing to the circumstances in which it was captured?

Any help or advice would be appreciated.

[Rick A]

If there is nothing indicatig any specific zoo, no signs or other markers, I dont see any problem. So, if her photos are location non-specific, and you cant tell where it was taken, go for it.

Rick

[billbretz]

If she wins, she would get no compensation but the card would be available for purchase online and in stores, so obviously the greeting card company would make money.

Sounds like the card company is the only winner. Avoid.

[taulen]

Watch PhotoshopUser TV Episode 168 / 169 / 170 with Ed Greenberg, they are discussing the exact situation in one of the episodes, ergarding photgraphing in a zoo, and the use of sai images.
It's photoshopusertv.com and probably not the most watched on this forum, but in this case, it's regarding legal-advice, so hope the link/information is okey.

[2F/2F]

Was it a public (e.g. city) zoo or a private one?

[DanielStone]

Sounds like the card company is the only winner. Avoid.

+1. if you'd like to see her photograph on A card, get one of those "uplo@d your file through the internet" places and have some printed.

making someone rich off of her shot isn't nice in MY book, but that's me.

-Dan

[white.elephant]

I agree with many of you about what should be done with the image, but what we were wondering about was, regardless of her decision, whether the zoo had any rights. 2F/2F, it was the Phoenix City Zoo, which charges admission. I'm not sure whether that would make it public or private.

[Eric Rose]

From the PHX Zoo's website:

Phoenix Zoo Non-Commercial Photography/Video Policy
The Phoenix Zoo encourages visitors to take personal video or still photographs while enjoying their Phoenix Zoo visit. All images and videos taken by guests and patrons are allowed free of charge so long as the images are used for a personal, noncommercial purpose. All photographs should be taken from designated visitor viewing areas, or within the boundaries as it relates to special programs, engagements, etc. and the Phoenix Zoo has the right to withhold or withdraw consent to photograph and video or to reproduce photographs or video of Phoenix Zoo and related property, which includes zoo exhibits, animals and buildings or otherwise defined.

By entering the Phoenix Zoo, all guests, patrons, employees and volunteers agree that photographs and videos of animals and other property at the Phoenix Zoo may not be used for commercial profit, for publicity, or for any other purpose that commercially or publicly exploits the photos and videos, including posting the images on the Internet.

[white.elephant]

Well, gosh, then they'll have to come get me and lock me up, because I certainly have posted the images I took there on the internet (my web site). Thanks to everyone who responded and helped us.

[hoffy]

Well, gosh, then they'll have to come get me and lock me up, because I certainly have posted the images I took there on the internet (my web site). Thanks to everyone who responded and helped us.

Are you selling the images? If not, it still may be classified as "personal enjoyment". I have contacted organisations in the past (mainly motor sport, but the same kind of rules apply) and basically they are happy unless you are using the images to make cash, which they may otherwise be making (well, that was my read of it!)