Business Cards??

[Relic]

lt's not me doing this but l have been handed 2 business cards in the last few months with either a full body picture of a poplular stallion we all would know at first glance right of the bat on there card and another using just a black image of a driving horse and driver that looks an awful lot like a popular trainer and active judge...there is no mistaking who this person is either. Both these people are not new to minis have a small herd each and nothing related by blood to whats on there cards...when l did mention to the one they shouldn't be using that particular mini on there card they said it's a free country and not hurting anyone..l know about using reference stallions etc on websites with permission does this also apply to business cards??

l'm kind of thinking if someone used one of my minis on there's l'd be kind of upset so was just wondering am l right or wrong..

 

[chandab]

I don't know the legalities of it, but I'm with you, I'd not be too happy to find someone using a picture of one of mine on their card.

 

[Jill]

I see your point, Dawn, and feel pretty much the same way... Plus, there's a part of me that would kind of think "Don't you have one of your own horses that's worthy of showing off on your cards?" I guess there's "one" mini that is so iconic and recognizable that a person "could" (not the same as should) display his picture and no one would think that's their horse, but still, I don't really care for it, either. Other than those sim games kids play, it would also highly upset me if someone was using a picture of one of my horses on their website (other than a reference) or business card.

 

[Seashells]

A business card is a form of representation for that company, so it's not right for one to use someone elses horse...it's a form of false promotion, which makes them look bad...so really it's hurting them.

It's a free country, and freedom should be respected, not abused.

 

[Miniv]

I agree. That sounds as if it's crossing the line into false advertising with using someone else's horse photo. And using the black image of the trainer/judge driving (and I'm very sure I know who you are referring to.) may be breaking a copyright. Plus if the horse photo was professionally taken, the photographer would also have a copyright.

 

[eagles ring farm]

I just gotta say how gutsy

and I also agree you should be proud enough

of your own herd to want to share them with

your potential clients after all you are

representing what you own at least what you have bred

I would think !!!

don't know about the law either but it is only right IMO

to have have permission to use photos for advertising.

 

[StarRidgeAcres]

I agree with Jill. I don't mind kids asking to use my horse pics for their games, but I'd be ticked if I saw Raven, as an example, on someone's business card! When I owned Spirit and after I had his Liz pics done, I found him on a couple of sites that had nothing to do with him, nor had any of his babies. I just contacted them and said take it down - and they did. But a business card is about YOUR business and having a horse owned by someone else, assuming there was no permission to do so, well...that's just wrong imo.

I guess an example I can think of that would be ok is if someone like Holly or Marlene (and I'm not saying they would ever even want to do this) had a picture of Buckeroo in addition to one of their horses on a business card. Since they have so many direct descendents, and assuming they had asked and gotten permission, I could see that. But that's about the only type of scenario I can think of that would make sense to me.

 

[ruffian]

I can see the using the black out photo POSSIBLY. Kind of silhouette thing? Without identifying marks it's less obvious and apparently they wanted a nice clip art type thing on their card. Using someone elses's photo? Nope.

I was perusing a site once and saw one of my horse's photos that I had taken. This farm had had the horse for about 2 months, and since he was doing well apparently (apparently I like the word apparently) decided they could use it. I e-mailed them and asked them to remove it or give credit to the photographer. Got a snippy answer back that they had taken the photograph. I nicely e-mailed that I had the original, I had the negative, I owned the horse since it was a yearling and photo was of an adult, and I would take them to court. Apparently they decided I was enough of a _____ to not fuss with me and took it off.

 

[miniwhinny]

As the "average joe" picking up the business card and seeing a certain stallion on it (I'm guessing Buckeroo from your description of how we'd all know him) would think he's the farms stallion - I'd call it false advertising and intentionally deceptive. What's wrong with putting their own stallion on their card?

 

[Dontworrybeappy]

I had an Arabian farm (who was standing their own Khemo son) steal a photo of MY guy and use it in their yellow Pages ad in the phone book! Guess they figured that since they weren't in my area that I'd never know.

I had a lawyer write them a cease and desist letter, and eventually the ad was gone. I wonder if they had cards, too?

 

[Knottymare]

Two words, as Bill and Ted would say, "Totally Bogus"

 

[frostedpineminis]

not to change the subject but I wanted to make up some cards and didnt want to use an actual picture, instead I wanted to use a black and white outline of a horse so that it was easy to graft on to things like clothes and horse blankets later on. Just wondering where everybody finds their silhouettes and outlines, do you make them, pay for them or just ask for permission? thanks

 

[Nathan Luszcz]

If its clipart its completely allowed, if cheesy. But modifying someone else's picture to fit on your card, yeah, big no-no.

 

[Riverrose28]

Well! It's obvious to me that these people don't want to spend the money on having their horses pictures taken by a pro, they want to steal someone elses. Most of us spend several hundreds of dollars for those professional photos that we use to promote our own horses, I would never use someones eles horses photo to promote my own. I want people to see what I have and breed, not to make money off of others accomplishments. Reputable breeders and sellers promote their own stock, either by showing or having a trainer show their horses to build up a name for their farm not ride on the coat tails of those that have gone before. I alos think it is a copyright infingement and they could be held liable.

 

[Michelle@wescofarms]

Kind of odd if you think about it. Why would you? I could see maybe the silhouette of a halter, jumping, driving horse, etc., but a photo would be totally wrong.

An interesting thread of Facebook about using pro photos with Liz McMillan the other day, about credit and trademark removal. I asked her what about if we crop and the trademark is removed (ex cropping to just the head) and she will provide her trademark to be added back.

Speaking of business cards, I need a new one - our old one has a horse we sold last year! Guess I better change ours now!

 

[MindyLee]

What do you guys think about using a silhouette of someone elses horse?

I want to have a pretty silhouette of a halter horse on my new trailer and was looking through the Miniature World mag and drew a outline of a couple of minis and then kinda modified them to look different. Would you consider that ok? Their not detailed or such, just a solid black horse.

And you cant even tell whos mini it is cause they turned out just like a sticker would

 

[JMS Miniatures]

Even with a silhouette no I don't think its fair unless you get permission. Now just hand draw a mini to use that would be different. But IMO you have to be honest with what your advertising and people should use their own horses or just flat out just use your logo.

Sometimes its better not to use a picture of a horse unless you are proud to show him off and one that you will keep til the day he or she dies and still want to use. That way you don't have to change it all the time.

 

[SampleMM]

I think using an image of someone's horse is WRONG. I don't care if it's a silhouette or not...........how would you like to spend MAJOR money for a horse, wait two years for it to mature, pay a trainer big bucks to show it all over the country and then pay a top photographer to take your horse"s photo..........only to have someone else use them. I have some beautiful Liz photos that I won't even put on my site because I know they will be stolen. I have had so many of my images used on other sites and I'm darn sick of it. I would never do that.

 

[High Meadow Miniatures]

Just wanted to chime in here and say that I am in complete agreement with SampleMM. Silhouette or not, I would not appreciate an image of my horse being stolen to advertise someone else's program