An Update from Laurel Scherer on Wolf Laurel Slopes’ Bigtory

Posted on | February 10, 2006

Yesterday I received an e-mail update from Laurel Scherer on the situation with Wolf Laurel Slopes in Asheville, NC. After years of providing Wolf Laurel Slopes with great photography to use in their promotional materials in exchange for allowing Laurel’s company, All Terrain Images, to photograph skiers and sell the photos on the slopes, Laurel was told her services were no longer needed. This of course happened after the local paper, the Asheville Citizen-Times, published a wedding announcement for Laurel and her wife Virginia after the two wed in Provincetown, Massachusetts.

When I found out about this I immediately contacted Laurel with the suggestion that, since the licensing for the photography was based on ability to photograph skiers and sell the portraits, a major portion of All Terrain Images’ business, that she immediately revoke Wolf Laurel Slopes’ ability to use her photography since Wolf Laurel Slopes violated the license by denying All Terrain Images access to the slopes. In this update, Laurel says that she has informed Wolf Laurel Slopes that they are no longer allowed to use her photography. This request has gone ignored which puts Wolf Laurel Slopes in dangerous legal territory given the powers granted to All Terrain Images under the Digital Millennium Copyright Act. In addition to ignoring Laurel’s request, Wolf Laurel Slopes has actually given her photography to others to use in promotional materials for real estate ventures in the area. This is utter stupidity on the part of Wolf Laurel Slopes because not only does it constitute another act of copyright infringement, but it also opens them to even more penalties given that the DMCA grants Laurel Scherer the legal ability to seek damages to recover profits from anyone who uses her photography illegally as well as for her own lost profits and statutory damages. Wolf Laurel Slopes may also be criminally liable for up to $500,000 and individuals involved with the infringement can be sentenced for up to five years for the first offense.

As a result of Wolf Laurel Slopes’ treatment of Laurel has resulted in the formation of People for Employment Equality for Gays and Lesbians, or EEGL. They are holding a rally at Pritchard Park in downtown Asheville at 11:30a until 2:00p. If you are able to attend, please do so as more people means more of a statement. Please also pass this on.

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