What’s Your Preference?

TravisForsyth · #1 (**permalink**) 08-11-2009, 09:12 PM

I recently took a photo of a horse in a public location over 4 weekends ago and decided to post it on flickr and went about my bussiness water marking it to keep it from being used for any sort of typical internet evils as most of us do. Now we are 4 weeks down the road and the horses owner has contacted me in regards to the image asking me why I had a picture of her horse with my business name on it to which I tried to explain that it was there to keep other people from using the image commercially which she did seem to understand claiming I was using said photo to advertise without her permission.

I tried to explain to her that the photo was not being sold or used in any way that I could profit from it and in the end I deleted the photo from my flickr which was the only place I had it shown on the internet and to my understanding should be okay since Flickr can not be used for commercial services anywho. And as far as I could tell the image was green light within the Saskatchewan Privacy Act which only covered identifiable peoples and likeness of said people but nothing about properties or animals in general which are in a wide open public place.

Could anybody enlighten me with some legal babble or experiences in this matter? I deleted the image more for my own sanity as this woman has not given up with me and continues to harass me about it as if she's only reading what she wants from the emails I send her and not the line that says "I have deleted the offending image upon your inquiry and is no longer available through Flickr or my website, please do not alter or commercially redistribute any existing copies you may have in your possession but do feel free to share them with friends and family"

Fen · #2 (**permalink**) 08-11-2009, 09:21 PM

You need to state to her in easy to understand words...

As the photographer, the photo is yours and the copyright is yours.

You were in a public location, so no laws there about what can and can't be photographed.

You were not using the photo for commercial purposes.

You placed text/logo over the image to stop it being stolen and used for any other purpose other than the intended purpose which was to display the photograp.

Therefore she has legal (or moral) justification against you or you displaying the photograph.

You also need to say that you have taken the decision to remove the photograph from where it was displayed, not for any legal reason but due to her being so upset about the photo.

If she is not happy with that, suggest she takes some Valium and chill out!

TravisForsyth · #3 (**permalink**) 08-12-2009, 07:44 AM

Quote:

Originally Posted by Fen

You need to state to her in easy to understand words...

As the photographer, the photo is yours and the copyright is yours.

You were in a public location, so no laws there about what can and can't be photographed.

You were not using the photo for commercial purposes.

You placed text/logo over the image to stop it being stolen and used for any other purpose other than the intended purpose which was to display the photograph.

Therefore she has legal (or moral) justification against you or you displaying the photograph.

You also need to say that you have taken the decision to remove the photograph from where it was displayed, not for any legal reason but due to her being so upset about the photo.

If she is not happy with that, suggest she takes some Valium and chill out!

Yeah she's totally off her rocker and still harassing me and now my clients even after explaining all this. She went as far as comparing me as a pedophile for photographing her horse which really confuses me. My last option I suppose is to grab a lawyer and see if that helps her understand that I am not going to be bullied for something I deleted for her and have said and done nothing to provoke any further grievances.

Quo Fan · #4 (**permalink**) 08-12-2009, 11:49 AM

Maybe you should file a harassment lawsuit again her, along with defamation of character. She is comparing you with a pedophile.

Jim Poor · #5 (**permalink**) 08-12-2009, 12:04 PM

I can't speak to anything but U.S. laws, but here animals require no releases at all as they have no right to privacy and are not considered property either so no model / property release is required. You would be perfectly within your rights (though it may not be a great move) to just tell her to stuff it.

The only exception is celebrity animals that may be trademarks.

Canada may be different.

Fen · #6 (**permalink**) 08-12-2009, 12:48 PM

If she's going around bad mouthing you I'd get legal advice for "defermation of character"

Jim Poor · #7 (**permalink**) 08-12-2009, 12:55 PM

Is that sort of like turning wine back into water? You know de-fermentation?

Or did you mean defamation?

Quote:

Originally Posted by Fen

If she's going around bad mouthing you I'd get legal advice for "defermation of character"

dcclark · #8 (**permalink**) 08-12-2009, 01:18 PM

Your very best option here is to be as nice, cool-headed, and clear as possible. Don't get angry (or at least don't let that show through in your communications). Write clear, detailed explanations. Provide references (there are photography copyright law websites to which you could link her). You want to keep the upper hand by being calm and collected, when she's not being that way.

Others have said it right: when things are out in public (in general), there is absolutely no protection against photographing them. There have been weird lawsuits dealing with photographing trademarked items (like car logos), but those seem to be more of the exception than the rule.

TravisForsyth · #9 (**permalink**) 08-12-2009, 02:45 PM

Thanks guys for all the advice, I am remaining as calm as possible and being as polite as I can be with her but she doesn't seem to give up. I can try and wait this out I guess but my public image even as an ametuer photographer is at risk with her going out and saying horrible things to my clients.