Former DHS Boss Puts University Of California Employees Under Secret Surveillance

Publicity Rights For A Photobombing Horse? Owner Demands Cut Of Photo Prize

from the ownership-society dept

Wed, Feb 3rd 2016 10:31am — Mike Masnick

We've written many, many words on the ridiculousness of publicity rights, and how they're frequently abused to stifle perfectly reasonable activities. But this latest example really takes it up a notch. The owner of a horse in the UK is apparently demanding some of the prize a man won in a "selfie" contest, because the horse made a key "photobombing" appearance in the background, that likely contributed to the victory:

That photo was taken by the 3 year old kid in the picture, Jacob Bellis, and that's his father, David, holding him. Nice photo! The horse in the background is named Betty, and is owned by Nicola Mitchell, who sounds like a person who perhaps needs to calm down a bit. From The Guardian:

Mitchell said: “I was really annoyed to hear he had won a £2,000 holiday and had used a picture of our horse without our permission. He should have asked for our consent. There should be some token gesture as it is our horse that has really won them the holiday,” she said.

Mitchell added: “I didn’t even know that this competition was on. If I had known about it we would have entered and could have won as Betty is always sticking out her tongue.”

There's plenty to comment on here. First, as you can see, the reward was a holiday trip, and not cash, though apparently there was some confusion over that. So it's not like it's easy to "split." Apparently Mitchell first demanded "half" of the prize. Second, (and importantly) you don't need permission to photograph someone's horse, especially when done from a public path. So the whole "without our permission" thing is complete nonsense. A token gesture might be a nice thing to do, but it's not clear the best way to seek a "token gesture" is to angrily demand half of the prize. Perhaps a friendlier "Hey, that's my horse, and that's awesome!" would have been a better approach that would have made everyone happy, leading the Bellises to think about maybe giving something nice in return. Like, a treat for the horse or something.

Finally, the whole "If I had known about it we would have entered and could have won" bullshit, the response is but you didn't. So stop whining. Perhaps next time such a contest is run you'll be paying attention and you can answer. The whole response smacks of serious sour grapes.

Thankfully, the Guardian quotes a lawyer who agrees that Mitchell has no legal basis to complain. Of course, not too long ago, we thought the same thing about a monkey in a selfie, and then... PETA stepped in. So far its attempt to extend copyright law to monkeys has flopped, but perhaps its next attempt will be extending publicity rights to horses. I imagine that will fare similarly poorly.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: horse, jealousy, photobomb, publicity rights, selfie

49 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Oblate (profile), 3 Feb 2016 @ 10:39am

If they owe anyone...
If they do anything, they should take the horse on vacation. It's probably better company than Mr. Mitchell.

Maybe they'll at least send Mr. Mitchell some pictures of their vacation, as that would be proportionate to his contribution.
[ link to this | view in thread ]
Anonymous Coward, 3 Feb 2016 @ 10:43am

She owns a horse. None of her reaction surprises me of what I know of most horse owners.
[ link to this | view in thread ]
Anonymous Coward, 3 Feb 2016 @ 10:47am

Re: If they owe anyone...
He is a she.

"Nicola Mitchell"

If it had been my horse I think I would have asked for a print, stuck it on the fridge, and smiled every time I looked at it and thought about how that little boy has a great photo to show his grandkids one day.
[ link to this | view in thread ]
kallethen, 3 Feb 2016 @ 11:00am

Is there a betting pool
Of course, not too long ago, we thought the same thing about a monkey in a selfie, and then... PETA stepped in. So far its attempt to extend copyright law to monkeys has flopped, but perhaps its next attempt will be extending publicity rights to horses. I imagine that will fare similarly poorly.

Is there a betting pool on how long it'll be before PETA gets involved? Put me down for two weeks.
[ link to this | view in thread ]
David, 3 Feb 2016 @ 11:02am

How clueless.
Mitchell added: “I didn’t even know that this competition was on. If I had known about it we would have entered and could have won as Betty is always sticking out her tongue.”

I mean, the horse is not even sticking out its tongue on the picture. It's taking in the smell of the humans (granted, horses' way of doing that does look a bit silly to humans). It's getting an impression rather than expressing anything.

Mitchell seems to have as much clue about horses as she has about photography rights.
[ link to this | view in thread ]
Oblate (profile), 3 Feb 2016 @ 11:06am

Re: Re: If they owe anyone...
Of course, should have seen that.

My apologies to Ms. Mitchell and the horse she rode in on.
[ link to this | view in thread ]
Nathan F (profile), 3 Feb 2016 @ 11:06am

Re: Is there a betting pool
Does PETA have a UK branch? Cause I would imagine it would be difficult for them to bring a publicity case to court when the photo is owned by a little boy in the UK.
[ link to this | view in thread ]
David, 3 Feb 2016 @ 11:13am

Re:
Shrug. My girl friend owns 9½ horses. And the other horse owners on the premise are reasonably ok. Pro tip: only offer stable places for people who clean their own boxes (and do their part of paddock cleanup). You may think that while you are at it anyway, you might as well earn the extra money and offer an all-inclusive. But that attracts the wrong kind of horse owners...
[ link to this | view in thread ]
That Anonymous Coward (profile), 3 Feb 2016 @ 11:16am

Peta launches new copyright lawsuit in the UK.
After speaking with animal interpreters we have discovered that "Betty's" real name is Naruto. We are filing suit to have all of the prize turned over to us so that we can protect the horses from the exploitative use by humans. Our goal is to license the photo out and use the proceeds to buy the entire country, force the humans out and establish the first horse empire.
[ link to this | view in thread ]
RD, 3 Feb 2016 @ 11:17am

Ownership Culture
Ownership Culture. Learn to love having it shoved straight up your ass at every opportunity.
[ link to this | view in thread ]
RR, 3 Feb 2016 @ 11:20am

What!?
No jackass jokes?
[ link to this | view in thread ]
Anonymous Anonymous Coward, 3 Feb 2016 @ 11:24am

Re: What!?
Isn't that movie copyrighted? I bet there was a trademark on the name as well. Be prepared to send your check.
[ link to this | view in thread ]
Adam (profile), 3 Feb 2016 @ 11:26am

Maybe the could have won...
If the contest was open to a horses ass.
[ link to this | view in thread ]
Anonymous Coward, 3 Feb 2016 @ 11:27am

In other news, Adidas UK also wants a part of the prize money because the selfie wouldn't have won without the picturesque stocking cap that the gentleman is seen wearing.
[ link to this | view in thread ]
DannyB (profile), 3 Feb 2016 @ 11:39am

Possible typo
I imagine that will fare similarly poorly.
Perhaps you meant:
I imagine that will fare similarly hilariously.
[ link to this | view in thread ]
DannyB (profile), 3 Feb 2016 @ 11:47am

Publicity rights used to stifle legitimate activities?
Just like copyright is used as a censorship tool to stifle undesired speech?

And trademark is used to stifle the ordinary use of ordinary english words? (usages which are not commercially competing or causing market confusion)

And patents are used to stifle independent innovators who do the actual work to build something that someone else vaguely and poorly described on paper and then did nothing further.

I guess I left out trade secrets from the IP food groups. But I don't remember any trade secrets being used to stifle anything.
[ link to this | view in thread ]
orbitalinsertion (profile), 3 Feb 2016 @ 11:58am

If the horse owner was smart, they'd use that pic (or refer to it in the case someone else is all copyright batshit) and start a page somewhere, with lots of cute photos of their horse sticking out tongue and stuff. "This is Betty, the funny horse you all know and love from blah blah selfie contest winner Jacob Bellis' pic!"

How stupid can you be? Go on, monetize the fk out of it.
[ link to this | view in thread ]
TechDescartes (profile), 3 Feb 2016 @ 12:13pm

Don't Look a Gift Horse in the Mouth
First, as you can see, the reward was a holiday trip, and not cash, though apparently there was some confusion over that. So it's not like it's easy to "split." Apparently Mitchell first demanded "half" of the prize.
What about a one-way ticket?
[ link to this | view in thread ]
Capt ICE Enforcer, 3 Feb 2016 @ 12:28pm

Not again
Not again, it seems like last week I brought up the horrors of monkeys no longer have incentives to create. And now this, obviously the horse directed this photo. Why are humans always trampling over animals rights. Keep this up and we will never get the sequel to Mr. Ed. It is like horses have feelings too, and a vacation is just what the doctor ordered.
[ link to this | view in thread ]
Anonymous Coward, 3 Feb 2016 @ 12:38pm

If Techdirt had audio...
...Jerrod Niemann's "The Bucking Song" would be a perfect response!
[ link to this | view in thread ]
kallethen, 3 Feb 2016 @ 12:44pm

Re: Re: Is there a betting pool
Assuming they are capable of logic. ;)
[ link to this | view in thread ]
Stan (profile), 3 Feb 2016 @ 12:56pm

Re: Don't Look a Gift Horse in the Mouth
In addition, "Don't Look a GIF Horse..."
[ link to this | view in thread ]
Anonymous Coward, 3 Feb 2016 @ 1:05pm

Re: Publicity rights used to stifle legitimate activities?
I don't remember any trade secrets being used to stifle anything.
DVD CCA v Bunner. Wikipedia references the EFF page via an alternate link.
[ link to this | view in thread ]
Anonymous Coward, 3 Feb 2016 @ 1:21pm

Re: Maybe the could have won...
Even then, would she really have had the horse sense to participate?
[ link to this | view in thread ]
Anonymous Coward, 3 Feb 2016 @ 1:23pm

Re: Peta launches new copyright lawsuit in the UK.
Don't be fooled, scratch any horse supremacy movement, and you'll find ponies underneath.

Ponies all the way down.
[ link to this | view in thread ]
Anonymous Coward, 3 Feb 2016 @ 1:24pm

Re: Publicity rights used to stifle legitimate activities?
I don't remember any trade secrets being used to stifle anything.
Also USL v BSDi: “mentally contaminated”
… the argument that anyone who has ever seen UNIX source code is "mentally contaminated" and may never write another piece of code that is not subject to USL's license.
IIRC, there once were T-shirts with the slogan “mentally contaminated.”
[ link to this | view in thread ]
Anonymous Coward, 3 Feb 2016 @ 1:35pm

Re: Re: Publicity rights used to stifle legitimate activities?
IIRC, there once were T-shirts with the slogan “mentally contaminated.”
Badges, with “MENTALLY CONTAMINATED” in large red letters, made by Rick Adams.

But there may have been T-shirts, too. Or not. My memory these days… oh, geezers. I'm not old.
[ link to this | view in thread ]
Anonymous Coward, 3 Feb 2016 @ 2:15pm

Re: Publicity rights used to stifle legitimate activities?
I don't remember any trade secrets being used to stifle anything.
Also, the warrant affidavit for the Steve Jackson Games raid repeats that the E911 file (valued at $79,000) warns:
NOTICE: NOT FOR USE OR DISCLOSURE OUTSIDE BELL SOUTH OR ANY OF ITS SUBSIDIARIES EXCEPT UNDER WRITTEN AGREEMENT.
[ link to this | view in thread ]
jupiterkansas (profile), 3 Feb 2016 @ 2:16pm

Re: Re:
The real question is... which half of the horse does she own?
[ link to this | view in thread ]
Paul, 3 Feb 2016 @ 2:23pm

Re: Re: Re:
Given she is acting like a horse's ass I can only assume she owns the back half.
[ link to this | view in thread ]
That Anonymous Coward (profile), 3 Feb 2016 @ 2:35pm

Re: Re: Peta launches new copyright lawsuit in the UK.
shhhh first rule of pony club is not to mention pony club until it is to late
[ link to this | view in thread ]
DannyB (profile), 3 Feb 2016 @ 2:53pm

Re: Re: Publicity rights used to stifle legitimate activities?
The mentally contaminated one is the same argument I remember from SCO vs IBM. (Which is still ongoing, in some sense of the word. It is worth checking up on the progress of the SCO vs IBM case about every one quarter of a galactic turn.)
[ link to this | view in thread ]
Anonymous Coward, 3 Feb 2016 @ 4:01pm

Re: Re: Re: Publicity rights used to stifle legitimate activities?
The mentally contaminated one is the same argument I remember from…
On a current note, the “Professors Letter in Opposition to the Defend Trade Secrets Act” raises mental contamination as its second major concern—although it does not use the catchy slogan:
2. The DTSA Appears to Implicitly Recognize The Inevitable Disclosure Doctrine

The current version of the DTSA also contains new language regarding injunctive relief that appears to implicitly recognize the so-called inevitable disclosure doctrine. If accurate, this would represent a profound shift in both the law governing the enforceability of non-compete agreements and trade secrets, particularly in jurisdictions that do not currently recognize the doctrine. . . .
Eric Goldman's Technology & Marketing Law blog has been alerting people about the “Defend Trade Secrets Act” federal bill lately. And I just noticed that Freedom-to-Tinker also has a blog post up now concerning the bill.
[ link to this | view in thread ]
John85851 (profile), 3 Feb 2016 @ 4:07pm

He'll find a lawyer to make a name for himself
Thankfully, the Guardian quotes a lawyer who agrees that Mitchell has no legal basis to complain.
Unthankfully, there's always a lawyer who will take a case like this to make a name for himself. Sure, they can't win, but look at all the people that will talk about him.
[ link to this | view in thread ]
connermac725 (profile), 3 Feb 2016 @ 4:41pm

Nicola Mitchell
what a fool now everyone knows what kind of douche baggery he employs
shame on you picking on a 3 year old
[ link to this | view in thread ]
Bergman (profile), 3 Feb 2016 @ 6:01pm

Re: Re: If they owe anyone...
Of course, now that the horse's owner has brought money into it, the kid's dad should send the owner a bill for publicity services.
[ link to this | view in thread ]
Bergman (profile), 3 Feb 2016 @ 6:02pm

Re: Ownership Culture
And the horse owner got publicity that was not paid for. Seems the photographer might be owed some money over that in our ownership culture...
[ link to this | view in thread ]
G Thompson (profile), 3 Feb 2016 @ 10:16pm

Token Gesture
I'm sure now a fair few people could give this horse's owner a token gesture or two..

Not sure if the token gesture, or even the gesture of "the bird" is what they wanted though. But hey it's what they deserve
[ link to this | view in thread ]
Anonymous Coward, 4 Feb 2016 @ 1:59am

"I asked the horse if it minded being in the photo and it said neigh!" - sorted.
[ link to this | view in thread ]
Paul Alan Levy (profile), 4 Feb 2016 @ 4:11am

But WE own the park
You won that vacation-photo contest by taking a picture of yourself standing on that breathtaking spot on a tough trail in the park. But WE own the park. So pay up - we get to split the prize.
[ link to this | view in thread ]
Anonymous Coward, 4 Feb 2016 @ 5:12am

What goes around comes around
If David and Jacob Bellis owe Nicola Mitchell because her horse is in the picture then Nicola Mitchell owes Mr. Ed's rights holders money for copying his pose.
[ link to this | view in thread ]
Lisboeta, 4 Feb 2016 @ 5:22am

Prize-worthy it may have been, but I clearly the horse shares many people's views of selfies....
[ link to this | view in thread ]
Anonymous Coward, 4 Feb 2016 @ 6:37am

Re: Re: Re: Is there a betting pool
PETA's logic is pretty sound... "Do crazy things to get people to think about the animals."
[ link to this | view in thread ]
nasch (profile), 4 Feb 2016 @ 7:07am

Re: Re: If they owe anyone...
He is a she.

"Nicola Mitchell"

Like Nikola Tesla but with a c? As it happens though Nicola is a woman.
[ link to this | view in thread ]
ltlw0lf (profile), 4 Feb 2016 @ 8:21am

Re: Re: Re: Peta launches new copyright lawsuit in the UK.
shhhh first rule of pony club is not to mention pony club until it is to late

Has anyone notified Ken White?

I think he might need to light some signal to let everyone know the ponies are coming.
[ link to this | view in thread ]
Anonymous Coward, 4 Feb 2016 @ 8:49am

Re:
Good point. There are also some buildings in the background, there must be an architect feeling entitled somewhere.
[ link to this | view in thread ]
tqk (profile), 4 Feb 2016 @ 10:41am

Get stuffed, Nicola.
I would've cropped out the horse and kept the kid and his dad. It might've still won. Cute kid, happy proud dad. Who doesn't love that sort of thing?
[ link to this | view in thread ]
tqk (profile), 4 Feb 2016 @ 10:51am

Re: Maybe the could have won...
If the contest was open to a horses ass.

I think that horse's ass is causing Betty a loss of reputation. PETA should sue her; the horse's ass, I mean.
[ link to this | view in thread ]
tqk (profile), 4 Feb 2016 @ 11:05am

Re:
That would require her to actually do something, and she doesn't believe that should be necessary.
[ link to this | view in thread ]