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Q: Someone took photos of my horse on my property. I gave her permission to photograph the horse and even held the horse for her. I have used the photos on my website and in advertising. She now claims that she owns the copyright despite the fact that she e-mailed me the photo. I assumed it was a gift and given to me, so I could use it however I wanted. Do I own the copyright or does she? Also, when I go to a horse show I get my photo taken by a show photographer. Who owns the copyright to these photos? Do I have to pay the photographer to use the photos in advertising? Brian Boyle, Master Photographer Association member and Chair of the Copyright Committee with the Professional Photographers of Canada.

 

A: First, I must start by stating that I am not a lawyer and my comments are not to be misconstrued as legal advice. Under the Canadian Copyright Act, the commissioner (ie, the person who hired the photographer) of a photograph owns the copyright on that photograph unless there is a contract to the contrary. Photographers are the only creators in Canada, and most of the industrialized world for that matter, who do not automatically own copyright on their commissioned works. If there is no commissioner, the photographer owns the copyright. In this case, you would need the permission of the photographer to post the image on your website or use it in advertising. In very basic terms, the photograph is the photographer’s “product.” Just as you would not use any other company’s product in advertising without asking permission, you are not allowed to use the photograph – even though it is a photograph of your horse. If you had paid the photographer for the image, and there was not a contract assigning copy-right to the photographer, you would be the copyright owner, and as such would be able to use the image as you wished – from displaying it on your website to selling reprints to advertising and everything in between. This also holds true for the photographer at the horse shows. If she/he charges a fee and does not use a contract assigning copyright, whether it is to her/himself, the horse show management or some other party, then you are the copyright owner and are able to use the images as you wish. If the photographer holds copyright, you must negotiate a fee to use the photograph in any other way than was intended. In your case, you would need to negotiate for web or advertising usage.

 

Q: I bought a new horse and his feet are horrible. They have missing pieces and I am not sure I can even get a shoe put on. How can I get his hooves back into good, useable condition? - Melissa Howath, Ottawa, ON. Kate Romanenko, Woodville, Ontario, is the founder and President of Nature’s Barefoot Hoofcare Guild.

 

A. It is difficult to assess the condition of the hooves without actually seeing them. However, the missing bits you describe may be caused by unbalanced wear. If the hooves are not hitting the ground evenly, overstressed parts of the hoof may break off.
A well-balanced trim will allow the hooves to function as nature intended so they can grow and wear evenly with each step. Providing a natural environment (lots of movement, water to the hooves, different types of terrain) along with a good trim will allow your horse to grow healthy, strong feet so he will move soundly and safely on any type of surface. You may need to be patient as it will take some time for those “terrible feet” to grow out and be replaced by new healthy hooves. Protective hoof boots may be needed to keep him comfortable during this transition.

 

Q: I want to start barrel racing in Alberta. Can you tell me which clubs I should join? - Angela Iride Lethbridge, AB Julie Roy, Markerville, Alberta, is the secretary for the Alberta Barrel Racing Association.

 

A: If you are looking for a good association and you are a beginner, there are many options. The Central Alberta Amateur Rodeo Association (CAARA) is a great option because it is casual, while still competitive. You can also look for gymkhana clubs in your area or visit the local barns for smaller clubs. In addition, there are professional and semi-professional rodeo associations that have barrel racing events such as the Foothills Cowboys Association ( www.fcarodeo.com), Lakeland Rodeo Association ( www.lrarodeo.com), Wild Rose Rodeo, Canadian Cowboys Association and the Canadian Professional Rodeo Association.
If you are looking for an association that focuses on just barrel racing, you can join the Alberta Barrel Racing Association. We have over 600 jackpots a year in Alberta and there are events in your area.  
We follow the 3D format which, while sometimes difficult to explain, ensures that you have an equal opportunity to win money as you only ever compete with people at your level.  
Basically, the fastest run at each event sets the bar, and then divisions (1D, 2D, 3D) are established for that event based on that run. So if you are showing a colt or inexperienced horse, your run will be placed based on those who were as fast or slow as you. The smaller the pattern, the closer the split.  
Don’t forget – have fun!


 


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