Update: Colorado company threatens to sue over widespread ass photo
By Carlos Miller
With a full moon hanging over him on New Year’s Day, photographer Marty Odom thought he had “the photo of the New Year”.
Especially when his photo of a bare-ass skier dangling upside down from a ski lift was published the next day in the Vail Daily; the local newspaper that covers the skiing community in Vail, Colorado.
But now he is looking for a new job after his employer, Sharpshooter Imaging, told him he was suspended until further notice.
However, he wasn’t even on duty when he snapped the photo.
But that hasn’t stopped the photo company that contracts with the local skiing resort to claim ownership of the photo, which has been causing an avalanche on the internet, including The Smoking Gun, which has posted all five photos of the skin-tingling rescue.
News of the incident has gone across the world, and Odom said he’s received 75 to 100 calls from media across the world wanting to hear about the incident and buy rights to his photograph.
“I had 18 missed calls on my phone when I woke up this morning,” Odom said. “I’ve gotten calls from Korea, Norway, Finland, the Today Show, Extra, Fox, ABC and everything in between.”
The problem is that he signed a “no-compete” clause when hired by Sharpshooter Imaging, which forbids him from licensing the photo for money. In other words, he was not allowed to moonlight as a photographer.
He offered to buy the photos from the company, but Sharpshooters told him that they were going to announce they owned the photo and that it would not be released.
So maybe Sharpshooter Imaging, which hires photographers around the country for events, will have their lawyers file a cease and desist order against me. Or maybe they’ll just never hire me, which is fine because I prefer to maintain ownership of my photos.
However, if you live around Vail, Colorado, there is a job opportunity for you.
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13 responses so far ↓
1 Ms Calabaza // Jan 8, 2009 at 9:29 PM
I wonder if the “victim” has a case against the ski resort and Sharpshooter imaging?
2 Carlos Miller // Jan 8, 2009 at 9:39 PM
Which victim? The guy dangling upside down or the photographer?
I’m pretty shocked that Sharpshooter thinks they own the image when he took it when he wasn’t working.
That’s almost like saying they own him.
By the way, I did get a few bucks from you BH purchase.
Thank you and enjoy your Canon!
3 Ram Gibson // Jan 9, 2009 at 3:39 AM
They cant own that image. The law is on his side. He just needs good advice and representation.
4 Carlos Miller // Jan 10, 2009 at 12:10 AM
Ram,
I agree with you. I think he should have sold the photos when he had the chance and dealt with Sharpshooters after the fact.
5 genewitch // Jan 10, 2009 at 1:46 AM
heh, try telling that story to the people who work for Boeing, to name just one company.
If you’re in their employ, you cannot create intellectual property that they don’t own.
it’s part of the contract you sign.
I’ve had to sign a few like that myself. Suffice it to say i usually get fired from those jobs for insubordination.
6 Carlos Miller // Jan 10, 2009 at 1:57 AM
I would really like to see a lawyer’s opinion on this one. Anyone out there?
7 Duane Kerzic // Jan 10, 2009 at 10:11 AM
I’m not a lawyer but I play on on the internet, because as I’ve found out from personal everyone else does, just kidding.
I would love to see the ‘no-compete’ clause that Shaprshooters used. I’ll bet it’s either too constrictive or non-specific to apply but can’t tell without reading it. For instance does the clause apply to work you do in your own studio? Does the clause only apply to work you do only while you are being paid by them? Does the clause only apply to photos taken on the Vail Property?
I’d sell the photos, use the money to hire a lawyer to sue Sharpshooters for terminating me? The worst thing that could happen is you’d have to settle with Sharpshooters and give them some but not all of the money you made from the photos.
Dude, get some of your work on the net. Let Carlos work his magic and you might be famous.
8 Carlos Miller // Jan 10, 2009 at 11:19 AM
Unfortunately for the photographer, the photos have probably already lost their sell value.
He should have sold them when he had a chance and to hell with Sharpshooters.
9 Carlos Miller // Jan 10, 2009 at 10:17 PM
Although I would say, if Marty Odom is reading this, email me because I want to do a follow up.
Just go to contact at the top of the page.
10 spokker // Jan 11, 2009 at 4:25 PM
That skier should wax his asshole or something.
11 Rick // Jan 19, 2009 at 12:48 AM
Carlos,
I’d love to see you update this with a new post. It seems Mr. Odom was not being truthful about the circumstances:
http://frontrangeriffraff.wordpress.com/2009/01/17/update-on-the-vail-blue-sky-basin-dangling-chairlift-naked-ski-bum-photo/
12 Carlos Miller // Jan 19, 2009 at 3:51 AM
Thanks for the heads up, Rick.
http://carlosmiller.com/2009/01/19/colorado-company-threatening-lawsuit-over-widespread-ass-photo/
13 Chunky // Feb 2, 2009 at 11:00 PM
You can always call the company directly and voice your concern at 800-742-7742
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