From the circumstances you describe IN THIS CASE, you probably do not need a release for most uses. The one exception would be a use designed to imply endorsement or association with a particular stable, or an attempt to defraud.
For example, to take out an ad for amsmyth -- equine portraiture and to use a recognizable horse from a known stable, would misleadlingly imply that they had contracted for your services and authorized a testimonial.
On the other hand, you should be able to make and market a Jumping Horses of New England -- 2004 Calendar without a release, as it would be your own artistic compilation/creation, and it would also have journalistic value, and thus be exempt from the requirement for a release.
In any case, you should own the copyrights, even if you are restrained from exercising them in some circumstances.
The circumstances are different for events held on private property and where an admission fee is charged (e.g. concerts). There it is possible you will not be allowed to take photos at all.
I recommend you check out and download The Photographer's Rights written by a Canadian attorney, and make sure you visit the US Copyright Office and Nolo Press fdor additional information and resources.
Remember, this is one non-legal opinion. Others will probably be forthcoming.
Message edited by author 2003-08-10 19:07:31. |
