andymonk Posted October 13, 2011 Share Posted October 13, 2011 Wondered if anyone had any advice to offer please. I'm being threatened with legal action over the Hot To Trot charity calendar. We borrowed a horse from a stables in North Yorkshire to do a shoot for the calendar. The stables gave us one of their customers horses for an hour, after asking the owners permission to do so of course. Almost twelve months on and the girl who owns the horse has just emailed me telling me not to use any of the photographs and to remove all photographs with her horse on from the website, Facebook, and the calendar, or she will take legal action against me! She's also been posting threatening messages on our facebook pages. The calendar is being printed right now. All proceeds are going to Multiple Sclerosis and Leukodystrophy research. What to do? There is no law that I know of saying you can't take photographs of animals, unless they are on the owners own private property, in which case you need the owners permission, but these were taken on land owned by the stables and anyway, she did give her permission in the first place. The photos are at hottotrot.org/jessejames.htm andy Link to comment Share on other sites More sharing options...
Big time Posted October 13, 2011 Share Posted October 13, 2011 Just deny its her horse, unless this horse had very distinguishing features, who'll know? when you've seen one horse you've seen them all. Link to comment Share on other sites More sharing options...
DaFoot Posted October 13, 2011 Share Posted October 13, 2011 Did you have the permission in writing? If you've got that you're good. If not, to be honest I'm not sure what possible legal action the horse owner could take, unless there is something with the photos that links it to it's owner/where it lives? Why is this person asking you to not use pics? Link to comment Share on other sites More sharing options...
mj.scuba Posted October 13, 2011 Share Posted October 13, 2011 Can't you just say it's another horse? Unless it has unique markings, how could she prove otherwise? Link to comment Share on other sites More sharing options...
xfox3x Posted October 13, 2011 Share Posted October 13, 2011 Perhaps it's because of the nude models? She might have an objection to that! Link to comment Share on other sites More sharing options...
L00b Posted October 13, 2011 Share Posted October 13, 2011 Can't you just say it's another horse? Unless it has unique markings, how could she prove otherwise? Manifestly, the owner is an established cutomer of the stables and has a corresponding paper trail. According to the OP, she was contacted by the stable for her permission at the material time. Even if not in writing, there will be a corresponding call log/entry in her phone bill (itemised can be obtained again for evidence purpose). The EXIF data encoded in the digital photos will confirm the date and time (and possibly also the place, depending on the camera spec) the original photos were taken. She can get them at discovery. Job done (well, enough for civil proceedings). I'm being threatened with legal action over the Hot To Trot charity calendar.Simplest advice at this early stage: ask her to confirm the grounds she will rely upon. I have £10 here that says she hasn't taken any legal advice in the matter yet Link to comment Share on other sites More sharing options...
skinz Posted October 13, 2011 Share Posted October 13, 2011 I have £10 here that says she hasn't taken any legal advice in the matter yet I wouldn't bet against you. Link to comment Share on other sites More sharing options...
barleycorn Posted October 13, 2011 Share Posted October 13, 2011 snip... Simplest advice at this early stage: ask her to confirm the grounds she will rely upon... ^^^^This. Then when non is forthcoming tell her to take a running jump... jb Link to comment Share on other sites More sharing options...
Cyclone Posted October 13, 2011 Share Posted October 13, 2011 Manifestly, the owner is an established cutomer of the stables and has a corresponding paper trail. According to the OP, she was contacted by the stable for her permission at the material time. Even if not in writing, there will be a corresponding call log/entry in her phone bill (itemised can be obtained again for evidence purpose). The EXIF data encoded in the digital photos will confirm the date and time (and possibly also the place, depending on the camera spec) the original photos were taken. She can get them at discovery. Job done (well, enough for civil proceedings). Simplest advice at this early stage: ask her to confirm the grounds she will rely upon. I have £10 here that says she hasn't taken any legal advice in the matter yet She could probably prove that it's her horse, but I agree with auto98uk, she has no grounds to stop the calendar or demand any payment, she doesn't own the copyright to the photos and there's no legal problem with them having been taken. It's just hot air. Tell her to get on and sue you if she thinks she has a case. Link to comment Share on other sites More sharing options...
quisquose Posted October 13, 2011 Share Posted October 13, 2011 I have £10 here that says she hasn't taken any legal advice in the matter yet Okay, since you have not stipulated the odds I will assume you are offering 100-1 and I will lay my 10p against your £10. I very much suspect you are right, and this is reflected in the odds of course, but I can easily afford the 10p. Winnings to Multiple Sclerosis and Leukodystrophy research charity. Link to comment Share on other sites More sharing options...
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