Dear Publishers,
 
As you know, Californians For Ferret Legalization sought out the photographer
of Ferrets!  in an attempt to purchase copies of the original photograph on
page 10 showing the ferret was leashed simply that we might have the
opportunity to defend against the possible misuse of the retouched image by
the California Department of Fish and Game.
 
Regretfully, the photographer for Ferrets!, Renee Stockdale, has refused to
sell two copies of the original photograph unless Californians for Ferret
Legalization (CFL) assumes responsibility for any possible illegal copyright
violations by a third party.  Of course this demand is outrageous, and was
necessarily rejected.
 
I've been a professional photographer for over 15 years.  My clients
include, Kodak, Semantec, Consolidated Freightways, Daytimer, Borland,
Hewlett Packard, and Hitachi.  I am well aware of copyright law and
professional photographic business practices.  While it is standard business
practice to hold a client liable for their actions regarding copyright, it
is unheard of to attempt to hold a client responsible for the potential
illegal actions of a third party.  I am certain that Ms. Stockdale did not
include such a clause in her contract with Bow Tie or Fancy Publications.
The clause in our contract was purely punitive, a reaction to the criticism
the photograph generated within the ferret community.
 
Ms. Stockdale's original demand, that she pre-edit any comments CFL might
make in committee, also had to be rejected considering the free give and
take of information and questions at committee hearings and her obvious
ignorance of the facts and history surrounding the ferret legalization issue
in California.  Her final offer, that the photograph be supplied directly to
the Department of Fish and Game (DFG), further exhibits a complete ignorace
of our situation.  If the issue comes up in Committee, it would need to be
addressed immediately.  Committees vote THAT DAY.  Also, State Senators or
Assemblymembers are the ones that DFG would show the photograph to, so the
original, if sent to DFG, would end up in obscurity because it does not
further their agenda it weakens it.  I would wonder too if Ms. Stockdale
plans to request that DFG sign a clause holding them liable for third party
copyright violations.
 
In any case, I now have no choice to but ask that Bow Tie/Fancy send CFL a
letter stating that the photograph was set up, that the ferret was actually
leashed, and that the image is going to be removed in future editions
because it does not accurately reflect the hunting history of ferrets and
because it is misleading and dangerous to imply that it is safe for ferrets
to be off- leash when outdoors.
 
Because I do not know when, or if, the issue may come up, I would appreciate
your immediate response.  I would also again like to reiterate my
appreciation for the positive response to this unfortunate incident by both
the publisher and the author of Ferrets!  We had hoped for the same response
from the photographer but what began as an unfortunate act of ignorance on
her part turned into a willful intent to withhold the truth of that
photograph from those fighting to legalize ferrets in California and
decriminalize their owners.
 
Sincerely,
 
Jeanne Carley
Californians For Ferret Legalization
410 Mountain Home Road
Woodside, CA  94062
(650) 851-3750
[Posted in FML issue 2391]