You Might Be a Winner
        A blog from the attorneys of Verrill

        Do I Need the Horse’s Permission to Take its Picture for a Contest?

        by Robert Laplaca on February 3, 2016

        The Guardian reported on February 2 that the owner of a horse who was in a winning contestant’s selfie claims that she should share in the contest prize because the winner did not get her permission to take her horse’s picture. Unknown if the horse gave permission, I can’t tell if he’s happy or upset in the winning photo. http://www.theguardian.com/uk-news/2016/feb/02/owner-photobomb-horse-demands-share-2000-selfie-prize “Horsefeathers” said the sponsor of the contest who awarded the prize only to the photographer.

        We all know that a horse is a horse of course, of course and that a horse can’t grant permission to use its likeness in a contest. But must its owner? Sorry, Charlie, publicity rights have not been granted to animals. Although owners have tried. In New York a dog owner unsuccessfully sued a biscuit company that used Fido’s photo in an ad without the owner’s permission. In Missouri, a jury originally awarded a horse owner $5,000 for an alleged unauthorized use of the horse’s image in an ad. But the appellate court said “Whoa” and reversed.

        But what if the horse took the photo? You may have seen that back in November PETA filed a lawsuit in Federal Court in California declaring Naruto the macaque the copyright owner of selfies he took from a person’s camera. http://www.peta.org/blog/monkey-selfie-case-animal-rights-focus/ As reported, the judge in the case wants to throw a monkey wrench into it and dismiss the claim.

        The lesson: when having any type of contest or sweepstakes where entrants submit a photo make sure that you get rights to the photo from the photographer and all persons depicted in the photo (tiny paws have incredible difficulty holding a pen). You should include a grant of such rights in the rules and you should also require the winner to sign an assignment of rights during the validation process. Don’t monkey around with this.

        You Might Be a Winner

        Promotion and sweepstakes laws vary widely across the fifty states and under federal regulations, creating complex challenges for today’s innovative marketers. This blog explores the latest updates and trends in promotion and marketing law, offering practical insights to help brands stay compliant while pushing creative boundaries. We’ll also discuss noteworthy, questionable, and groundbreaking promotional campaigns to encourage thoughtful discussion among marketing and legal professionals.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Press Releases

        97 Verrill Attorneys Recognized by Best Lawyers® 2027, Including Four Named Lawyers of the Year

        AUGUSTA, Maine, BANGOR, Maine, BOSTON, Mass., PORTLAND, Maine, and WESTPORT, Conn., (August 20, 2026) – Verrill is proud to announce that 97...
        Alerts and Newsletters

        SEC’s Proposed “Reg Crypto”: What Founders Need to Know

        Startup founders and emerging-growth companies have a number of options for raising capital under the federal securities laws, including Regulation D...
        Blog

        After 45 Years, the IRS Speaks on DCAP Nondiscrimination Testing – And It’s Good News

        Employers that provide a Dependent Care Assistance Program will be pleased to learn that for the first time in 45 years, the IRS has issued guidance...
        Media Mentions

        Robert Keach Discusses Bankruptcy Auction Strategy in Law360

        Verrill attorney Robert Keach spoke with Law360 article examining the complex bankruptcy auction process that resulted in the sale of 23 summer...
        Media Mentions

        Martha Gaythwaite Featured in Portland Press Herald Coverage of Sig Sauer Trial Victory

        Verrill attorney Martha Gaythwaite was highlighted in media coverage of a federal trial in Bangor involving firearm manufacturer Sig Sauer. As...
        Media Mentions

        Law360 Quotes Robert Keach on Senate Bill Affecting Small Business Restructurings

        Verrill attorney Robert Keach was recently quoted in a Law360 article discussing federal legislation that would permanently restore the $7.5 million...
        Alerts and Newsletters

        SAFEs and Preferred Stock – Key Deal Terms Every Founder Should Know

        SAFEs Before negotiating a term sheet for preferred stock, many early-stage companies, particularly at the seed stage, first raise capital through...
        Press Releases

        Verrill Welcomes Business Restructuring and Insolvency Attorney Nimra Tariq

        BOSTON, Massachusetts – Verrill is pleased to announce that Nimra Tariq has joined the firm’s Business Restructuring and Insolvency Group as an...
        Media Mentions

        Robert Keach Provides Commentary on First Brands Restructuring in Law360

        Verrill attorney Robert Keach was quoted in the Law360 article, "First Brands' Ch. 11 Plan Revives Angst Over Admin Claims," discussing First Brands...
        Press Releases

        Verrill Welcomes Construction Attorney Cassie Dufon

        PORTLAND, Maine – Verrill is pleased to welcome Cassie Dufon to the firm’s Construction Group as an Associate, resident in the firm’s Portland...
        Press Releases

        Verrill’s Wide-Ranging Private Wealth Law Practice Recognized in 2026 Chambers and Partners High Net Worth Guide

        BANGOR and PORTLAND, Maine and BOSTON, Mass. – Verrill attorneys Kenneth P. Brier, Anya F. Endsley, Kurt E. Klebe, Mary McQuillen, Nathaniel S....
        Blog

        Update on Status of Maine Packaging EPR

        In December 2024, Verrill published a blog post, Unwrapping Maine's Gift to the Environment: A New Packaging Stewardship Program Set to Launch in...