Oops! Obviously thought got cut off last night and accidentally posted. Basic question is would you let someone know that you are going to use video and photos of them showing a horse from a few years ago in a sales ad? Obviously it wouldn’t matter if the person is a pro I’m just curious as I was a little surprised to see a big picture/ video of myself in an unexpected place! Not upset about it, just curious.
I’m replying at a time where it appears that some of your post is missing.
With that being said, no, I don’t think she needed to give you a heads up.
Nope. I have been used in lots of videos/picture ads. I know a bunch of other people that are too. Their horse and their photo they can do what they want with it without your permission. It is a compliment really that you can show the horse to “ad quality” so it is not like the ad is demeaning to you at all. Take it as a compliment!
Unless you are a junior, I don’t think so. Whose horse were you leasing? Trainer’s?
I disagree.
If it were a picture of you riding your horse and a commercial company picked it up (e.g. someone selling the boots the horse was wearing or the brand of saddle you were using), you’d be contacted and able to negotiate payment before it could be used. You wouldn’t be expected to allow it because it was a “compliment.”
Photographers are not expected to allow their photos to be used in ads because it’s a “compliment” to their talent.
If someone had ridden a horse, sold the horse, and found out later that pictures of them on the horse were being used to market it again, it wouldn’t be a “compliment.”
The real compliment would be to be ASKED about it, so the person can decide if there are any issues with it.
For example, what if the person doesn’t want to be associated with that barn/trainer/horse any more?
What if the person is an amateur and doesn’t want a photo of them used in conjunction with a horse sale, in case someone jumps to the conclusion that they are somehow being paid as part of the sale?
And so on.
But we are not talking about a photographer or an actual ad campaign worth money. We are talking about pictures taken by the owner and a horse owned by the owner used for a horse’s sales ad. I agree with you on your other points but hey I am an amateur and have my pictures in sales ads with training barns. People can jump to conclusions all they want I was never paid or compensated for anything. It is just a picture and 99% of the people looking at the ads will have no clue who the rider even is.
But we are talking about someone whose likeness is being used for commercial purposes without their permission.
If the other situations are not ok, why is this one ok?
Or to put it another way – if Pessoa could not use that same picture to sell a saddle without the rider’s permission, why can Trainer X use it to sell the horse?
I mean, other than the fact that the horse world likes to make up its own rules when it comes to commercial sales and ethics.
Here, this link has information from a lawyer – scroll down to the “Do I need a model or property release…” question to see why, despite conventions in the horse show world, this unauthorized use is really not ok.
[QUOTE=SEC87;7314222]
I was recently very surprised to find photos and videos of myself on a big sales site for a horse that I leased/showed for a few years. The trainer(also seller) takes all the pictures/videos. Should she have given me a “heads’s up” on the fact that[/QUOTE]
Yeah, she needs to ask your permission/or already have signed documents on file …
BUT this likely depends on location.
If you’re no longer affiliated with that barn/horse/trainer - send her a letter (email).
Or just follow her lead & post some online statements that video/photo of Z horse is no longer current & used without your consent … depends on how contentious you are.
Sorry, but this post is just amusing me. Are you a oro, that was hired to have this tape made? My guess is not. Secondly, I would love to see the tape. It must be great or very embarrassing. That is the only reason that a person may have an issue with such a thing. I mean…really.
The law has always made sense to me, and at first thought, I might approach this as a consent issue, particularly in light of industry practice.
You were not riding your own horse. You are somewhat incidental to the picture. When that picture was taken, would you have not consented for its use in a sale ad? Would you have said no and refused to have your picture taken?
In our industry, on a horse not our own, in a public place, with cameras being as ubiquitous as they are today, perhaps consent is implied. That is an argument I might make anyway.
ETA, I don’t want to be guilty of my own pet peeve, which is confusing what people have a right to do versus questions of ethics and good manners. Here, I don’t think you have any legal right that has been violated. But if you are an amateur and especially if you are a junior, it would have been nice to ask you. IMO, if you pay a pro to ride your horse, you can use pictures.
Why is trainer not using current photos/video that reflect the horse presently for sale? Why would there be any need to use old footage from previous riders/leasers?
There is a difference between digital capture appearing on a relatively private site & high volume sale focused sites.
Halt Near X has it
But we are talking about someone whose likeness is being used for commercial purposes without their permission.
I think you should have gotten an email, at least. When I was taking a lesson on a sales horse a few years ago, the owner/instructor told me the horse was collecting so well, she was going in and get her camera to use it in the ad. So I knew where to look to see myself riding the horse. The horse did sell. I would have preferred to have been dressed more formally instead of in my aussie tee shirt, but the horse did look great.
The good thing, OP, is that you did such a good job with the sales horse that your pictures were used.
