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Category: New Questions

Photography Question 
Kathleen J. Bielak

Back from Az. with a legal question

Went to the horse rescue ranch, got the consent signed, took some amazing photos-too bad the idiot (me) who loaded the film did it wrong and the most important roll came back blank!! Depressed doesn't even cover it!! However, when talking to the owner of the horses and the ranch about signing the consent she (Karen) at first was leary because she discovered a woman took pics of her horses and was selling oil painting of the horses without Karen's permission and not even donating any of the proceeds to the organization!! I told her that woman CANNOT do that without her consent- I needed one just to enter a photo contest (we agreeed 10% of proceed would go to the organization). Did I give Karen correct information? Thanks- KJB

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5/22/2006 10:58:04 AM

Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  Welllllllllllllllll, can she do that? She already has. Does she owe any dough to Karen? Dunno exactly. But if the woman hasn't got Karen's consent and the images she's selling of the horses are recognizable likenesses of Karen's horses, then Karen ought to talk to a lawyer specializing in intellectual property.

That lawyer would, in all likelihood, advise her to send a "cease and desist" letter to the artist and negotiate a satisfactory settlement.

Bummerewsky on your loading the film incorrectly. Need some help with that? And, isn't it nice that since you met Karen, perhaps solely to have her sign a release, that you can now go back to her and ask to reshoot without any hassle. Kinda like going back to see an old(er) friend.

Take it light.

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5/22/2006 8:37:34 PM

Kathleen J. Bielak   Thanks Mark- I knew I could count on you to point in the right direction. I'll pass the information on to Karen and she can take it from there.

Didn't think about the reshoot, but you're right, and it was good experience getting a consent signed. There's always next year, and maybe by then I'll learn how to load film %)!! Good thing I didn't give up my day/night job (operating room nurse)!!

Thanks again and remember-
If we can get the suitcase closed, we're not done packing

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5/23/2006 4:12:13 PM

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