Using Someone Else’s Horse Sale Photos or Videos to Resell Horses or Livestock Can Be Copyright Infringement
In the horse and livestock industry, sale photos and videos are critical. Conformation shots, movement videos, breeding clips, and tack photos often determine whether a buyer shows interest at all. Because of that, it has become increasingly common for later sellers to reuse photos or videos from a prior listing to market the same horse, piece of equipment, or livestock.
That practice is risky—and often unlawful.
Using someone else’s horse sale photos or videos without permission, even to resell the same horse or livestock, can constitute copyright infringement under U.S. law.
Who Owns Horse Sale Photos and Videos?
Copyright ownership belongs to the person who creates the photo or video—the photographer, videographer, breeder, trainer, or seller—not to the horse itself and not automatically to the new owner.
This applies to:
Conformation photos
Movement or riding videos
Sale ads posted on social media or websites
Photos of saddles, tack, trailers, or equipment
Unless there is a written agreement transferring copyright or granting a license, the creator retains exclusive rights to use, copy, and distribute that content.
Owning the horse does not mean owning the photos of the horse.
Reselling the Same Horse Does Not Give You the Right to Reuse the Media
A common belief in the equine and livestock world is that if you are selling the same horse shown in the photos, you are entitled to reuse them. That is incorrect.
Copyright law protects the creative work itself—the angles, lighting, editing, and presentation—not just the subject matter. Even if the horse has not changed hands many times, copying and reposting prior sale photos or videos without permission is still copying a protected work.
This is true even if:
The horse looks exactly the same
The photos accurately represent the animal
The original seller is no longer involved
The listing is on a different platform
Accuracy does not equal authorization.
Attribution Does Not Make It Legal
Giving credit does not avoid infringement.
Statements like:
“Photos from previous owner”
“Credit to breeder”
“Originally listed by ___”
do not grant permission to reuse copyrighted material. Likewise, cropping out watermarks or editing videos can make matters worse by suggesting intentional misuse.
Fair Use Rarely Applies to Horse or Livestock Sales
Fair use is often misunderstood and frequently misapplied in sale contexts.
Horse listings and livestock advertisements are commercial by nature. Courts evaluating fair use consistently find that copying photos or videos to sell animals or equipment is not transformative, is commercial, and directly substitutes for the original creator’s market.
In short: using someone else’s sale media to sell a horse or livestock is almost never fair use.
Consequences for Unauthorized Use in the Equine Industry
Copyright enforcement is increasingly common in the horse and livestock space. Consequences may include:
DMCA takedowns on Facebook, Instagram, YouTube, and sale platforms
Removal of listings mid-sale
Account restrictions or bans
Monetary damages
Legal fees if litigation is pursued
Repeat misuse—especially across multiple horses or listings—can substantially increase exposure.
How to Sell Horses and Livestock Safely
To avoid copyright issues:
Take your own photos and videos
Hire a photographer and confirm usage rights in writing
Obtain written permission from the original creator
Re-shoot content when a horse changes ownership
Avoid copying content from prior listings, even if publicly available
If permission is not clearly granted, do not reuse the media.
The Bottom Line
In the horse and livestock industry, reputation matters—but so does intellectual property law.
Just because photos or videos exist online does not make them free to use. And just because you now own a horse, piece of equipment, or livestock does not give you the right to reuse someone else’s sale media to market it.
Unauthorized reuse of horse sale photos and videos can expose sellers to real legal consequences. When in doubt, create new content or obtain clear permission before posting.
Reach out to Hollie Kucera through https://long.law/intake to book a free consultation or at hkucera@long.law.