Q: Can I create art with photos I took of horses on a private ranch without a model release?

A: Your first mistake was in relying on a "verbal agreement." Verbal agreements are nearly impossible to prove. I have not seen the agreement proposed by the ranch owner, but you should have a short, professional agreement in your file, containing various releases. I handled many cases for various models and body builders, but in each case the subject of the photo was a human. Don't hold me to this, but I don't think you need a release I order to sell your photos unless you have trespassed on his property to take the photos, or his horses were all famous. I would tell the Ranch owner that since he didn't honor the verbal agreement, that you have a right to keep the photos for yourself. If he really wants those photos, he will work it out with you. Good Luck.

A: I would disagree with Mr. Grossman to some extent. You are the owner of the photos. Under copyright law, the right arises immediately upon creation. The context in which you were on the property also plays a role. Did you purchase a ticket to go to the ranch? If so, it may be a contract that restricts you from taking photos or using photos in a commercial way. Some states have laws that restrict commercial use of photos taken in private locations (e.g. locations into which admission is paid and otherwise restricted).

Another aspect of the analysis also depends on whether there are any famous/iconic aspects depicted in the photos (such as a landmark, distinct building, signs/logos, the horses were unique/famous). This is where possible trademark law comes into play. Or if there are people in the photos (right of publicity issues).

The second part of your question is whether the artwork you created sufficiently transformative that it doesn't depict any trademark rights or rights of publicity.

As you can probably tell, all of this is a fact-intensive inquiry that can only be fully evaluated by a lawyer experienced in intellectual property.

Good luck!