Photobomb Horse Owner Demands Compensation For Contest-Winning Photo

Feb 3, 2016

Liron Samuels

Liron Samuels is a wildlife and commercial photographer based in Israel. When he isn’t waking up at 4am to take photos of nature, he stays awake until 4am taking photos of the night skies or time lapses. You can see more of his work on his website or follow him on Facebook.

Photobomb Horse Owner Demands Compensation For Contest-Winning Photo

Feb 3, 2016

Liron Samuels

Liron Samuels is a wildlife and commercial photographer based in Israel. When he isn’t waking up at 4am to take photos of nature, he stays awake until 4am taking photos of the night skies or time lapses. You can see more of his work on his website or follow him on Facebook.

Join the Discussion

Share on:

Horse-Photobomb

David Bellis and his 3-year-old son won a prize worth £2,000 in a UK contest after submitting a selfie of the two posing next to a horse.

Luckily for the two, the horse named Betty spontaneously smiled at the camera and made many others smile too.

The one person who isn’t smiling, however, is Betty’s owner who claims she deserves a share of the prize.

The winning selfie was submitted to a competition called Made Me Smile, held by Thomson Holidays, and it awarded the father and son a holiday voucher worth approximately $2,900.

The Guardian reports that despite the fact that the photo was taken in a public area near their home in north Wales, horse owner Nicola Mitchell contact Thomson Holidays complaining that the photo was used without her consent.

Apparently Mitchell has had Betty for three years and the family taught her to stick her tongue out, so now she thinks she’s entitled to a part of the prize.

“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,” Mitchell said.

She added that had she known about the competition, she could have entered and won it herself “as Betty is always sticking out her tongue”.

“I don’t understand why Nicola is so annoyed,” the 31-year-old father said. “I was on a public path that everyone uses to go to the local school and everyone sees the horse there.”

Bellis added that he won’t be sharing the prize or compensating Mitchell in anyway:

“At first they thought I was winning £2,000 cash and said I should give them half, but it’s a holiday so they are not getting a penny. I’m not giving them the holiday either. They would have to come on the holiday with me – and that isn’t happening unless we’re both in a saddle together on the horse.”

Siding with the winners is IP lawyer Wayne Beynon:

“The horse owner’s complaint doesn’t really hold up in law. The father and child were on a public footpath, so there is no issue of trespass.

As the photographer, Jacob automatically owns copyright in the image and didn’t require permission of the horse’s owner to take the photo – similar to the way that photographers don’t require permission to take pictures of politicians, sports stars, or celebrities when they are out in public.”

Thomson Holidays eventually chimed in yesterday announcing that “Despite questions over foal play, Mr Bellis and his family will be getting the £2000 holiday prize they won after entering our #MadeMeSmile competition”.

Despite questions over foal play, Mr Bellis and his family will be getting the £2000 holiday prize they won after entering our #MadeMeSmile competition. Hoof a great holiday!

Posted by Thomson Holidays on Tuesday, 2 February 2016

 

Now I’m just waiting for PETA to jump on the bandwagon claiming Betty didn’t consent either.

[The Guardian via Reddit]

Filed Under:

Tagged With:

Find this interesting? Share it with your friends!

Liron Samuels

Liron Samuels

Liron Samuels is a wildlife and commercial photographer based in Israel. When he isn’t waking up at 4am to take photos of nature, he stays awake until 4am taking photos of the night skies or time lapses. You can see more of his work on his website or follow him on Facebook.

Join the Discussion

DIYP Comment Policy
Be nice, be on-topic, no personal information or flames.

Leave a Reply

Your email address will not be published. Required fields are marked *

16 responses to “Photobomb Horse Owner Demands Compensation For Contest-Winning Photo”

  1. Catherine Millard Avatar
    Catherine Millard

    Geez if she doesn’t want photos of her horse being taken she should build a big wall so the horse can’t see out and no one can see in, ridiculously stupid. good for the company for not falling for this crap.

    1. Hugo Onink Avatar
      Hugo Onink

      kinda like trump ;) let’s build a huge wall. I’m sorry to have to bring this into this, but… :D

  2. Greg Snell Avatar
    Greg Snell

    Well in that case, the guy who installed the fence should get paid too and let’s not forget adidas as well. Stupid greedy people. The owner could have used this as publicity to attract business. Now she looks like a donkey.

  3. Joe Colpitts Avatar
    Joe Colpitts

    I don’t see the horse sticking its tongue out, do you? Lol!

  4. Tiffany Felan Avatar
    Tiffany Felan

    The horse isn’t even sticking it’s tongue out, like the lady said they trained the horse to do. I guess the guy should have asked those home owners in the background of he could have their homes in the picture and that colorful building too.

  5. Alecio J Evangelista Avatar
    Alecio J Evangelista

    Nicola Mitchell deserves a middle finger right at her face

  6. Daniel De Bruyne Avatar
    Daniel De Bruyne

    People will try anything to make easy money. A quick buck off someone else’s work, win, skill, whatever. Working for it is old fashioned it seems.

  7. Sean Avatar
    Sean

    Sounds like sour grapes to me and someone looking for a quick buck. Not sure what the UK laws are but in the USA if you can see it from a public plot of land then it’s fair game. And since it’s a horse you do not need “model release” especially since the image was not used commercially. I’m thinking the UK is similar in it’s laws.

  8. Cy Cox Avatar
    Cy Cox

    Greeeeeeed

  9. Daniel Cumisky Avatar
    Daniel Cumisky

    I can’t believe this has gone international. It started off in the local paper and it’s only a small town. She’s just jealous and thirsty for money.

  10.  Avatar
    Anonymous

    Must be a good day in the world today.

  11. Sylvia Ford Avatar
    Sylvia Ford

    I’m impressed that the 3 year old knew how to enter the contest.

  12. Tom Jeffery Avatar
    Tom Jeffery

    Greedy.

  13. Parthurblog Avatar
    Parthurblog

    I suggest to Mr Bellis that he puts the horse owner in contact with the market manager of Adidas, and she can negotiate the sponsorship deal.

  14. Damidwesterner Indamidwest Avatar
    Damidwesterner Indamidwest

    My guess is if the man and his son were sued for 100K, the owner wouldn’t want to be included either.

  15. Anthony Woodruffe Avatar
    Anthony Woodruffe

    Photography does have worth, when the situation fits