Development of Creative Commons licenses

["Connie Mableson" <connie AT azlawyers.com>]

Greetings All. I have been reading the various posts for a while now.
Just wanted to chime in and say "yes a release is needed for animals."

Cordially, 
Connie J. Mableson, Esq. 
Dodge, Anderson, Mableson, 
   Steiner, Jones & Horowitz, Ltd. 
3003 North Central Avenue 
Suite 1800 
Phoenix, Arizona 85012 
Tel. (602) 277-3000 
Fax. (602) 277-7478 
connie AT azlawyers.com 
www.azlawyers.com 


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-----Original Message-----
From: cc-licenses-bounces AT lists.ibiblio.org
[mailto:cc-licenses-bounces AT lists.ibiblio.org] On Behalf Of drew Roberts
Sent: Thursday, April 12, 2007 5:29 AM
To: Discussion on the Creative Commons license drafts
Subject: Re: [cc-licenses] license options for models

On Wednesday 11 April 2007 09:50 pm, jonathon wrote:
> Terry Hancock wrote:
> >> Then there seem to be location release forms, model release forms
for
> >> animals.
> >
> > Aaurrgh, really!?
>
> Yes.
> If you make a movie, you probably need one release form for every
object
> (both animate, and inanimate) in the movie.

So, just as a for instance, let's say you see a BY photo with a person
in it. 
Should you feel safe to use it per the BY license, or do you need to see
the 
model release forms as well to feel safe?

If your answer is you shoud feel safe, should the CC licenses have some 
distinction between advertising and endorsement?

If you answer is you need to see the release forms, should the license
have 
some warning language as to other rights that can block you / get you in

trouble?
>
> > Is there any legal reason to need such?
>
> Intellectual Property Rights law.
>
> > couldn't sue somebody for taking a photo of your premises. If so, is
>
> You can. The issue is whether or not the suit would be winnable.
>
> > at least a general "if it's public-access it's free to photograph"
rule?
>
> There are five major types of property:
> * Public Property;
> * Public Access Property;
> * Private Access Property;
> * Private Property;
> * Restricted Access Property;
>
> The only one in which a photograph can be taken, without the consent
of
> anybody is "public property"
>
> For all other types of property, the permission of the landlord,
and/or
> tenant is required.

Well, if I remember properly, I have read that if you shoot from public 
property, you don't need release forms for at least as far down as
Private 
Property on your list when it comes to property. (It may need to be
obvious 
that you shot from public property.)

Does anyone know of conflicting information?
>
> > One can imagine a lot of "chilling effects" and "free speech
violation"
> >  if a company could use such a "premise right" to prevent news
photos
> > being taken of their property.
>
> That has happened.  This is a balance between "the public right to
know"
> and "the right to privacy".
>
> >> In video there are also cameraman release forms as the person
running
> >> the camera is sometimes not the one who ends up with the copyright
to
> >> the video.
> >
> > That's just going to be a standard "work-for-hire" form, though,
right?
>
> Each position has its own set of release forms.
>
> xan
>
> jonathon

all the best,

drew
-- 
(da idea man)
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