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[bravedog]

Hi! I am working on an arts video of my algorithmic and algorithmically processed footage for sale on amazon and elsewhere. I want to include short sequences of algorithmically processed footage shot by me at the Honolulu Zoo and Sea Life Park, Hawaii. Footage was shot by me and was allowed, though at the time no commercial use was expected or cleared. I am trying to determine whether I can include this footage, which is artistically manipulated but does contain recognizable likenesses of staff at times, without receiving clearances.

I have requested clearances from both venues as follows. For the zoo, I spoke to the zoo director by phone. He raised no objections but said he believed I didn't need zoo permission, and declined to give me staff contact info [elephant keepers] but said he'd pass along my request for permissions to them, but has not responded to followup emails. I was able to get the elephant keepers' emails elsewhere, but receive no response from them, except from one referring me to the zoo director. To sum up, I think I have clearance from the zoo director but cannot get this in writing, though I did email a summary of my understanding to him without response; am I ok on the zoo? Re. the elephant keepers - do I need their individual permissions? Do I need to for example blur out their features?

For Sea Life Park I contacted the apparently correct person by phone, who said she'd get back to me, but weeks later she has not done so, doesn't respond to email, when reached at phone says she is busy. Can I proceed with my project if I can't get further response?

To sum up, these are short clips of a few minutes each, shot by me with video camera allowed in the venues though not specifically for commercial use, and the footage is algorithmically manipulated into art pieces but still retains regognizable images at times; I've made good faith efforts to clear both with proper authorites but can't get written authorizations [oral for the Zoo]; I'd like to know if lacking this I can proceed with my art video to sell without serious legal liability. I understand post responses cannot legally indemnify me, but would like feedback on potential liability and am unable to find clear answers searching online. Thanks!

[bravedog]

I've heard from Sea Life Park; their legal said they don't want the park associated with my commercial product so don't allow use of my footage.

I wonder if, if my footage is distorted so that individuals and the park are unrecognizable in my arts project, if this couple minutes of footage might be legally permitted without their permission, as fair use or artistic use? thanks

[SoCalProductDev]

I this situation, I would do my level best to obtain a property release, even if obtained after the fact.
And, if you show any people in the images or video, then you should do your level best to also obtain a model release.  This included any person depicted in the imagery even if all you see is a fingertip.

I'm no legal expert in this area, but I am involved in commercial stock photography and have heard all sorts of bad things happening.

Now, if you sell the imagery for "editorial" use rather than commercial use, you may find yourself in much less of a quagmire.



Disclaimer: If you take things posted on the Internet by someone you don't know as legal advice then you know that a fool is using your computer.

[bravedog]

Thanks for your reply!

I've tried to obtain all permissions. For Sea Life Park since permission was denied I'll probably just not use this footage lacking better information. But I'd still like clarification on when permission isn't required in creation of art. From my reading - permission isn't required to use anything copyrighted to create the art - but is if the art is then sold or used in any commercial way?