Art, Law and the Athlete: Protecting Equine Imagery in the Studio and Market

On the third episode of "The Tack Room," Partner Kayla Pragid speaks with Senior Counsel Terry Middlebrook and nationally recognized equine and sports portrait artist Kyle Lucks about the meeting point between creativity and the copyright world of equine art. Mr. Lucks shares his journey from painting professional athletes in St. Louis to becoming captivated by the equestrian scene in South Florida, explaining how he balances commissioned and noncommissioned work, his "Frankensteining" method of combining multiple photographs into a single original image and his innovative series painting horses over Hermès silk scarves. Ms. Middlebrook offers a practical legal road map for visual artists, clarifying when and how they can use reference photos, the difference between copyright and trademark, what rights artists retain in commissioned works, why written agreements and proper recordkeeping are essential, and how registration strengthens enforcement. Together, they provide artists, collectors and equine enthusiasts with real-world guidance on creating, commissioning and protecting equine art in the age of social media, luxury brands and evolving intellectual property law.