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Since my e-mail was forwarded to most of you, I am also forwarding my reply. The only rules I am aware of are the ones expressed in the "Photography Policy" that Dave signed. As an inactive attorney, I am familiar with reading policies and agreements and understanding their legal meaning. My letter to Mary Jo stated my interpretation of the legal meaning of the Policy, and that interpretation was shared by other attorneys I showed it to. We were not attempting to "get around the rules," but were instead convinced that, as an e-publication with media status previously and continuously recognized by large shows (including yours), we were exempted by the Policy which is the " rule " . That was the purpose of sending the letter to Mary Jo Moloney - to get confirmation of that fact. Clearly, I sincerely do not believe that there would be any "peril" if the Jr. League acts under the law. I have continually asked to be provided with the legal basis for the show's policy. Whereas we and others have been threatened with "peril," not once has the Jr. League honored my request and provided the basis for that threat. Now that the official policy has been provided, and my honest legal interpretation that we are exempt from the policy has been rudely dismissed, I think it is inexcusable if the Lexington Jr. League is not willing to honor my request and provide a legal basis for its threats. I will ask outright, does the Lexington Jr. League have a legal basis for this decision, or does it believe that it is exempt from the law? It is beginning to appear more and more that the latter is the case. We will provide pictorial coverage on SaddlebredWeb as we are authorized to do under the Agreement. We will not offer any of the photos for sale while we await a response to our request for provision of the legal basis for that rule. We will post on the website that the photos are not for sale pending receipt of the legal basis. However, if the Lexington Jr. League does not provide us with the legal basis for its demand that photos not be offered for sale by SaddlebredWeb in writing in a timely manner, we will reserve our right to allow sales of the photos from the pictorial coverage in the future - based on the Policy that was provided to us by the show. We look forward to receiving the legal basis for Mary Jo’s threat no later than the end of the business day on Tuesday, July 15, 2008. Your respectful reply would be very much appreciated.
Kim Karels Clements
From: sbw@saddlebredweb.com [mailto:sbw@saddlebredweb.com] Thank you for the prompt business like reply and the provision of the legal basis for your stance. I guess I have come to expect nothing less from the Lexington Jr. League, but I would expect more from an attorney. You may also send that to your show management. Kim
Kim Karels Clements
From: mary jo moloney [mailto:mjgmoloney@insightbb.com]
You are simply trying to get around our rules.
ORIGINAL LETTER TO THE SHOW CHAIRMAN, MARY JO MOLONEY, FOLLOWS:
From: sbw@saddlebredweb.com [mailto:sbw@saddlebredweb.com] Hi, Mary Jo, I would like clarification on the Agreement we signed. Dave signed it for Saddlebred Showcase/SaddlebredWeb. He was not told at the time he signed that we would not be able to sell photos. He was not asked whether he would sell photos, nor did he say anything about it. I have attached our letter that was faxed to the horse show in advance of the show. I later made a phone call to the show indicating the same. We received our press credentials based on our request to "provide pictorial press coverage on our website." My reading of the agreement we signed has resulted in the following conclusion which has been supported by the reading of a couple of other attorneys: "Commercial Photographers" recognized by the show who obtain a press pass and display it at all times are exempt from the no sale rule. I know that I talked to at least one other publication present at the show that also interprets it that way and will have its candids available for sale as it always does. Since our photos were not taken to be given to a publication, but were instead, taken for our own recognized e-publication, I do not think a legal distinction can be made between us and "newspapers and periodic publications." We are going to start putting our pictorial coverage on the web today, and already have people requesting to see particular classes. I would like your confirmation that under the agreement we signed, we are not restricted from selling any of our photos used in our pictorial coverage. I would also like your assurance that if we do sell, we will not face recovation [sic - revocation] of admission at future Lexington Jr. League shows. If such assurance is not provided, I request that you provide the legal basis for the denial. Thank you, Kim
Kim Karels Clements
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