raindogsphoto

Wow- I really appreciate everyone taking the time to offer me such insightful responses to this question. I do of course realize that nothing here should be taken as entirely sound or absolute legal advice (other than all those who encouraged the idea of getting into contact with an actual attorney); I suppose I was only seeking some cooperating justification for my feelings in this convoluted and confusing matter, being that it is an entirely new experience for me, and attempting to determine exactly if and when I should be consulting an actual accredited attorney. You’ve certainly given me a lot to think about. My own research indicates many similar conclusions to those presented by everyone here, and I have every intention of looking into some of the suggestions made here much further in the near future, and have also now applied for some assistance from a local ‘Lawyers for the Arts’ (thank you, Alan) organization to at least advise me on how next to proceed. Again, I thank you all for your carefully detailed, fair, wise, and unbiased contributions.

-Max

Whilst working at a veterinary hospital last year, in the facility of Canine Caregiver & Cremations Coordinator, for the

sake of my own posterity and practice, I began taking a lot of shots of our more regular four-legged clients. After

awhile, since I was tacking some of the shots up around my work area, I was found out; upon which I was asked if I

would be willing to sell enlargements of some of the images to the hospital in the interest of dressing up their lobby

and exam rooms. The novelty of this, of course, quickly took off; and before long nearly every wall of the clinic was

littered with these images. Soon I was asked if I could furnish photos for the establishment’s web site and other

promotional materials (for which I was not specifically paid), to include the facilities within the hospital and its

grounds, as well as the staff and patients. Nearing the end of the year, the hospital helped to financially sponsor the

publishing of calendar including some of the more endearing images, and eagerly aided in its promotion; and at least

one calendar was sold to every family who’s dog or cat appeared in its pages, including the bulk of the staff. The

entire endeavor in which, admittedly, I voluntarily lost a lot of money, went over famously.

I since have relocated, and left their employ on less than desirable terms. I began using many of the

images in my portfolio, exhibits, and of course, in various self-promotion materials. Presently, the hospital has

demanded proof of permission, regarding any and all photos taken on their property, as well as from all the individual

owners of the pets for which I have photos (none of who themselves have ever expressed such a desire); and the

removal of any of these images from my portfolio. None of these images have ever been offered for sale, prints having

only been sold to the clinic on that one fore-mentioned occasion; no confidentiality agreement has ever been signed,

there is no apparent invasion of privacy, and furthermore, the names of the clients and the clinic have never been

included in any display of the photos.

Through all of my research, I am under the impression that they have no actual rights allowing them to

make such demands. Is there any opinions, more in-depth knowledge, or experience on whether or not they may

truly have a standing in this matter?

I thank you in advance for your time and input,

-Max