The Trouble with Photos

trusts, wills, horse lawI don’t know about you but one of the fun things about owning a horse business is that I get to look at horse photos practically every day. I love to look at horses and to photograph them (the photo to the left is one I took of my rescue Mustang, Isuba). Whether it’s on our websites or social media, we need to use a lot of photos with horses in order to talk about our businesses. There are literally millions of horse photos online. Really. I just did a Google search for “horse image” and got 1,990,000,000 results in .52 seconds.

But wait. Whoa. Not so fast. Did you read the viral story about the hipster? Yes, this does connect to your use of horse photos. A hipster guy got so mad thinking a journal had used his photo without permission when it reported on a study about hipsters that he threatened to sue the journal. The funny part of the story is that the photo wasn’t him but it confirmed the study results that hipsters tend to conform to a certain look. What’s important for us is the story behind the photo.

The journal had bought the hipster photo from Getty Images. You have may have bought their photos or spent time looking at their horse pictures. The journal’s editor-in-chief contacted Getty, and it had a signed release from the model in the picture. That release was worth its weight in gold because it showed the man who emailed was not in the photo and therefore had no legal action against the journal or Getty.

You hopefully now see where I am going with this and your horse photos. A lot of horse people download photos from the Internet of horses and riders. You should not use these photos on your website or social media unless you or the company you bought them from have a model release. (Yes, I know…what about pictures from horse shows. I will get to that issue in a blog this week, I promise.) Chances are good that you are going to have to pay for high-quality horse photos that you can use legally. Places like Getty, which has some stunning photos, may be a bit pricey for your budget, although the photos are certainly worth it. Take a look at a site like PixelRockstar. You can get photos for about $1 a picture.

I know that copyright and horse photos is a huge topic. Stay tuned to my blog this week as I continue to explore how we can use horse photos with our businesses.

 

The horse industry is big business

Graphic courtesy of the University of Minnesota Equine Extension Program. Used with Permission and Credited.
You may have heard the joke about “How do you make a small fortune with a horse business?”  Answer: You start with a large one! For years now, I have heard people say you can’t make a living working with horses. When we say something repeatedly, we tend to start to believe it. But what if the story of not being able to make a living with horses is actually false? What if you can make a living?

Recently, the University of Minnesota Equine Extension Program shared the graphic to the left on its Facebook page. Contrary to what you may have heard, the horse industry is booming. And it’s doing so because of equine business owners. Think of how many businesses it takes to maintain horses. A short list includes vets, farriers, feed stores, hay producers, tack stores, equine dentists, equine chiropractors, equine massage therapists, horse trainers, riding instructors, clinicians, horse breeders, horse associations, and horse rescuers.

One of the keys to being successful as an equine entrepreneur is to realize that while you love working in the horse world, it is a business. That means it has to be run as one. You have to start with a business plan and the correct business formation. You need legal contracts drafted by an equine attorney. You need to protect your company with a trademark. You need a marketing plan. You may need liability insurance. You may need documents specific to your equine business, such as barn rules. If you have all of these things in place as you start your business, it is easier to assess where and how you need to make changes if something isn’t working right or if you want to expand your business.

If you feel passionate about horses, contact me so we can discuss how I can help you start, build, or rebrand your equine business with my equine legal and business consulting services.

A Safe Home for Your Horse

equine estate planning liability releases equine contracts equine businessHow do you find a home for a horse that you are retiring if you can’t keep that horse with you? It’s a situation that can turn bad quickly as evidenced by a recent news story.  A tragic story coming out of Georgia concerns horses and the possibility they were sent to slaughter instead of having comfortable retirement homes. A jury indicted Fallon Blackwood, a third-year veterinary student at Tuskegee College of Veterinary Medicine, in October of 2018, with “13 counts of bringing into the state property obtained by false pretense elsewhere.” The Blount County, Alabama sheriff’s office arrested her this past weekend at a rodeo. The allegations against her arise from complaints filed by individuals who gave Ms. Blackwood their horses based on her promise that they would live their lives on a farm Ms. Blackwood owns. Ms. Blackwood, however, could not tell the former owners where the horses were when they inquired about them, and according to District Attorney Pamela Casey, the horses are believed to be dead. Because the DA did not want to discuss facts of the case, she would not go so far as to say whether she believed Ms. Blackwood sent them to Mexico for slaughter. The former owners believe that is exactly what happened. Ms. Blackwood posted bail while the case is pending trial, and according to students at Tuskegee, was back on campus for classes leading to her graduation in May.

The allegations, if proven true at trial, are a horrible example of what can happen to a horse that is given away without any legal protections put into place. The best way to protect your horse is to provide her with a lifelong home. Realistically, that is not always possible. Here are five things you can do if you are in the situation of giving your horse away to someone:

  1. Use a contract, not a handshake. I know that in the horse world, we like to think that everyone loves horses and is honest with us about them. But the horse world is comprised of imperfect humans, just like the rest of society. A contract drafted by an equine attorney sets out the expectations of both parties and protects them if something goes wrong. It also protects the horse because you can make sure your horse is getting the care you expect.
  2. Get updates. You should make sure that you get constant updates from the person who is giving your horse a home. These updates should be included in the contract, and you must make sure you enforce them. Details such as how often you get the updates, how you get them (for example, pictures sent via email, or updates posted to a Facebook page), and what happens if you don’t receive the updates should all be stated in your contract.
  3. Don’t accept excuses. I know that most of the people reading this article are women because we make up the majority of the horse world. We are told to be nice, not offend others, and certainly not think the worse of someone. But if you aren’t getting the updates stated in your contract, don’t accept excuses. Go and see your horse or contact someone you know in the area to go see the horse. Again, this is another detail to put into your contract. Any horse person will understand that you want these protections because we have all read the horror stories like the one concerning the allegations against Ms. Blackwood.
  4. Visit the facility and get references – and check them out! You can make sure that the person is representing herself honestly by going to see the facility and getting references. Ideally, you want to see the facility at a time when you are not expected. Doing so is not a problem with a public facility because you can simply show up. Private property is a bit trickier because you obviously can’t trespass on private property. In that case, you may need to drive by at an unexpected time, depending on how much of the facility is visible from a public road. This situation leads to the importance of getting references and then following through and contacting them. Don’t just get friends. Get a list of other people who have horses there or have had them there in the past. Get the vet, farrier, and other equine-service provider to provide you with references. With the Internet at your fingertips, do a Google search and look at social media pages. While it’s true that anyone can leave a bad review, and sometimes people malign others because they simply don’t like them, doing a thorough search and speaking to people may lead you to more information that allows you to feel comfortable about the person or raises red flags.
  5. Go with your gut. We have all heard stories of someone saying, “Well, I had a bad feeling about it, but I didn’t listen to my gut, and I should have.” If you are discussing the possibility of your horse going to someone, and it just doesn’t feel right, then don’t do it. You can find another situation for your horse. Some people tell me that they don’t want to offend someone by turning them down. All you need to do is say that the situation isn’t right for your horse. You don’t owe them a further explanation. Think of your horse first.

I will update my blog when the case concerning Ms. Blackwood is decided. In the meantime, please feel free to contact me if you want to talk more about how you can protect your horse when you look for her retirement home.

What is equine law?

equine law horses law joanne belascoWhen I tell people I am an equine attorney, a lot of people think I represent horses in legal actions.  That’s not quite how it works, although I hope that horses benefit from the work I do with humans.  An explanation of equine law might help explain the wide breadth of this area of law and what I can do for you.

Equine law focuses more on the community it serves rather than a specific area of law.  As an equine attorney, I work with people who have horses in their lives.  My clients can run the gamut from a person who has a horse in the backyard as a companion animal to someone who competes at the national level. I also work with individuals and companies, both for profit and non-profit, who are involved in the horse industry.  These people have different legal needs depending on their role in the horse world.  Some of the people who require equine legal services include horse trainers, riding instructors, boarding barn owners, clinicians, breeders, horse sellers, horse purchasers, equine vets, horse chiropractors, and horse massage therapists.

In order to meet the various needs of the horse community, equine law encompasses several areas of law.  Business law applies to many horse-related activities, especially when dealing with contracts.  The horse industry has historically conducted business “on a handshake,” but that leads to many problems.  Contracts are a way for all parties involved to make sure everyone has the same understanding concerning the transaction.  Some of the contracts necessary to the horse community are boarding contracts, sales contracts, breeding contracts, and liability releases.  Business law also applies if a person wants to create a company or a nonprofit.  Many horse people are great with horses, but not with the business side of being a horse professional.  Hiring an equine attorney allows you to feel confident that you have picked the right business structure and that your business has been set up properly.

horse law business law contracts real estate salesEstate planning is an important legal area to include when thinking about equine law.  In Massachusetts, an individual can have a horse trust, which ensures that a horse or horses are taken care of if the owner is incapacitated or dies.  You may think your will is all you need in those situations, but a will has no effect if you are incapacitated, and it must go through probate before it can take effect when you die.  Money and other assets are not available until the will is probated, which can take several months or even years. A horse trust gives you peace of mind that your horse is taken care of as soon as you are incapacitated or during the time your will is probated.

Other legal practice areas include real estate law, which can come into play when a horse person wishes to buy horse property, whether for personal or professional purposes.  Equine law also can also include legal matters concerning equine insurance.  Finally, litigation, which many people want to avoid, may be an option of last resort if a contract is violated or harm is done to a horse or person.

There are only about 100 attorneys in the country who practice equine law.  To be a good equine attorney, the person should obviously be a good attorney but she should also have a solid working understanding of the horse industry.  The more experience an equine attorney has around horses, the better she will be able understand the many scenarios that can happen and she will be able to craft solutions to avoid problems or to handle them if they arise.

horse law joanne belasco equine attorneyI practice preventive equine law, which means that I work with clients to avoid problems that may lead to litigation.  When you talk to me about your legal concerns, I understand your problems because of my experience as a horse professional and personal horsewoman.  An attorney without knowledge of horses and the horse industry is not able to understand basic terms and broader situations that we, as horse people, do.   You don’t have to spend time explaining basic concepts to me, such as your horse colicking, because I know the term and have gone through the experience myself with my horses.

Contact me today, and we’ll set up a time to see how I can help with your equine legal needs.