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Circus in town --- Clowns


pmuts

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Good Day to all, I Know I may opening myself up to a bunch of one liners but

here goes. The circus is in town and I want to put together a small portfolio

of clown photos. I would like them to be posed and candid (if possible). I

under the concept of street photography and also why model releases are needed,

but are we talking apples and oranges here. My undedstanding is that clowns are

registered and trademarked, will this raise other issues. These photos will be

taken in a public arena and there will be a fee to enter. If I like what I have

done I may display these photos (in a community library showing) and perhaps

sell if asked, considering the subject matter and trademarked or copyright

issues is this undertaken a bust, perhaps I should sit back and enjoy the show.

Thank You for your time and consideration. jan...

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Well, since nobody else is answering, I'll throw in my opinion. Just remember, it's worth what you paid for it.

 

I'd be surprised if EVERY clown in the world was registered and trademarked. I could see if there was a particular celebrity clown, the star of the show who's face was on all the circus posters, and who never changed his appearance or appeared publicly without his make-up. That might be trademarked, who knows. But not your everyday, run of the mill generic clown. It's the difference between the main actor in a movie, and all the unknown "extras" they bring in for the crowd shots.

 

I'd say the more immediate concern is getting permission from the circus operator to set up and shoot his clowns (since it might take away from their practice time), along with possibly the willingness of the clowns to bother posing for you (since it might take away from their free time).

 

I have no idea about getting a model release though.

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Which circus are you going to? I can tell you from experience that Barnum and Bailey will allow shots with the clowns before the show begins. They also have a petting zoo with the animals before the show as well. They have no problem with photos before the show, but once the show starts, photos aren't allowed.
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This is only my opinion. I read one time that the makeup design of all circus clowns is copied on an egg like oval for registration. With a business like a circus, there may be a problem in asking for model releases. They would relize that you have an intent to sell the photos. As a business I believe they would want a cut of the action.
James G. Dainis
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