Photo rights and online posting...

Allaina · Dec 17, 2009

Ok so i belong to a horse forum where another member who boards at my barn with me posted a picture of my horse and my dog. No people were involved, she took the picture with her camera and i was somwhat aware of it. I thought she would just have it for her own enjoyment instead she posts it on a horse forum as her own saying "dog and pony show". Not saying who the dog and horse were or claiming i was the owner or any of that.
So i was wondering if she has to take it down? Its my dog and horse in the photo and i would like it taken down however she took the photo so does she own it?
I have emailed the moderators at the horse forum and they havent gotten back to me yet.
What do you guys think?
Thanks!

icassell · Dec 17, 2009

Hmmmmm .... interesting question and I'll be interested in hearing what the pros say. I have never heard of needing a model release for animals (although I could imagine this would change if the animal was a famous one). The copyright of the photograph, as I understand it, would belong to the photographer.

Overread · Dec 17, 2009

I would think the same - unless the animal was famous enough and even then for basic editorial use I would think one would still not need a release form (since this is the way it is for people in many countries).
If this person is your friend though, why the officail rout? Why not simply ask that she name you as the owner in the details of the forum post? That would be a simple affair and most people don't have problems with small notes like that.

Allaina · Dec 17, 2009

Ive been finding that info on the web that the photographer owns the photo but is she allowed to post it on a public forum as her own...people probably think this is her horse and dog. And although i somewhat knew she was taking the picture i didnt say "yes you have permission to take it". I dont think animals/pets need model releases but its just bothers me about posting it on this forum....

icassell · Dec 17, 2009

I guess one exception to the above thought might be that if it was done on private property, you might have the expectation that no one will photograph your animals. You would have to ask a lawyer about that, though.

Overread · Dec 17, 2009

Just as an aside though - unless your friend specifically states that the animals are hers I would (personally) not really worry about such a thing. There is a big difference between "these are some animals I took a photo of" and "this is my horse and dog". Of course I understand that you still might not wish them to be online, at which point I would say contact your friend first and talk with them about it.

icassell · Dec 17, 2009

Allaina said:
Ive been finding that info on the web that the photographer owns the photo but is she allowed to post it on a public forum as her own...people probably think this is her horse and dog. And although i somewhat knew she was taking the picture i didnt say "yes you have permission to take it". I dont think animals/pets need model releases but its just bothers me about posting it on this forum....

Is she claiming that the animals are hers or is she just claiming that the photograph is hers?

Overread · Dec 17, 2009

icassell said:
I guess one exception to the above thought might be that if it was done on private property, you might have the expectation that no one will photograph your animals. You would have to ask a lawyer about that, though.

As far as I have worked out (and again I might be wrong) unless there is due notice that photography is not allowed she can still take photos untill asked not to. However any images taken are still hers by legal right and thus she can use them as she wishes without a release (which is most uses aside from advertising).
Best advice would come from a lawyer - but that is taking this situation into the extremes a bit I feel

Allaina · Dec 17, 2009

She is a person i board with and the furthest thing from a friend. I was just trying to figure out if i had any rights to this photo because my animals are in it but i guess not since she took the picture with her camera/camera phone. Seems weird that i have no say though. I wouldnt post any pictures of her horse (that i took) without first asking her or at the very least giving credit to her and saying its her horse.

Allaina · Dec 17, 2009

She is not claiming to own them but it is on her profile page under her photographs and i dont even have that same type of photo on my profile.
It was taken on private property where i board. Other people took pics of my horse and dog that day too but didnt go posting it on a forum.

Allaina · Dec 17, 2009

I guess since she took the photo the online forum cannot ask her to remove it regardless of whats in the photo. That sucks. Oh well. The barn should be fun tonight lol!

JohnMF · Dec 17, 2009

What possible harm has she caused by sharing a photograph of your horse?

Rekd · Dec 17, 2009

I think you're over-reacting. To the point that you felt the need to join a photography forum and ask them. Even though you seemingly have no interest in or passion for photography.

She took the photo, it's hers. If I take a picture of my neighbor's dog, and I have, they don't have any rights to tell me what I can and cannot do with it unless I trespassed to get the shot. Doesn't sound like she broke any laws/rules in taking the shot.

If you want to jump into the fray and lay claim to the animals, that's your right. It's also the rights of the other forum members to laugh at you for being so childish and up-tight about it.

Not trying to be a jerk, but seriously, get over it. Compliment her on the shot if it's a good one and move on with your life.

Josh66 · Dec 17, 2009

Allaina said:
She is a person i board with and the furthest thing from a friend. I was just trying to figure out if i had any rights to this photo because my animals are in it but i guess not since she took the picture with her camera/camera phone. Seems weird that i have no say though. I wouldnt post any pictures of her horse (that i took) without first asking her or at the very least giving credit to her and saying its her horse.

No, you don't.

If you own the land, you could tell her that photography is forbidden on your (private) property. Your house, your rules. That won't do anything about the pictures she already took, but it will stop it from happening again.

It sounds to me like you are more worried that people on the forum will think it's her horse more than anything else...

You are a member too, right? Can't you just make a post in that thread like "That's a nice picture of my horse and dog. Next time I'll get one of yours." Or something like that.

Then, everyone will know that the horse is yours.

c.cloudwalker · Dec 17, 2009

O|||||||O said:
Allaina said:

She is a person i board with and the furthest thing from a friend. I was just trying to figure out if i had any rights to this photo because my animals are in it but i guess not since she took the picture with her camera/camera phone. Seems weird that i have no say though. I wouldnt post any pictures of her horse (that i took) without first asking her or at the very least giving credit to her and saying its her horse.

Click to expand...

No, you don't.

If you own the land, you could tell her that photography is forbidden on your (private) property. Your house, your rules. That won't do anything about the pictures she already took, but it will stop it from happening again.

It sounds to me like you are more worried that people on the forum will think it's her horse more than anything else...

You are a member too, right? Can't you just make a post in that thread like "That's a nice picture of my horse and dog. Next time I'll get one of yours." Or something like that.

Then, everyone will know that the horse is yours.