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]