Free Statement - District Court of Arizona - Arizona

Case 2:O4—cv—OO408-SIVIIVI Document 57-7 FiIed10/07/2005 Page10f4

I At times, when busy, Kent Dyer writes "mini" on the receipt and that would be it
2 with the price. Sometimes, Kent Dyer may forget entirely since he is running the
3 booth alone.
4
5 Kent Dyer remembers Jason Napier because he came in and introduced
6 himself, shook his hand, and stated he was a bronze artist. Kent Dyer has sold
7 many photographs to many artists. Once Kent Dyer saw the plaque on the
8 monument-sized bronze sculpture entitled "Precious Cargo," he specifically
9 remembered Jason Napier’s name and meeting him at the Carefree Art Show. Kent
10 Dyer did not specifically remember Jason Napier’s face until he looked him up on
ll the Internet. It is the customary practice of Kent Dyer to write receipts listed as
12 "cash."
13 1NTERRoGAToRv No. 2
14
15 Identify each and every discussion and/or communication (including all phone
16 calls) that took place between Plaintiffs and Defendants concerning or relating to
17 Plaintiffs’ “Mother Mountain Lion with Baby in Mouth" photograph including the date
18 and time of communication, the place where the communication took place, all of those
19 present during the communication and/or capable of hearing the communication and the
20 contents of the communication.
21 In response to Interrogatory N0. 3, Plaintiffs refer Defendants to their
22 Response to Interrogatory No. 2 above and, to the documents produced in
23 connection with Plaintiffs’ Responses to Defendants’ First Request for Production of
24 Document, Response No. 2.
25
26 In February 2002 at the Fountain Hills Art Show (February 22 — February
27 24, 2002), at approximately 2:00 in the afternoon on the first day of the show, Kent
28 Dyer went to the Fountain Hills Community Center to find out where they had
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I obtained Jason Napier’s sculpture known as "Precious Cargo." Kent Dyer was
2 given the number for a gentleman named Jerry Miles, the man who had donated the
3 sculpture to Fountain Hills. Kent Dyer then called Jerry Miles to obtain a number
4 for Jason Napier. Kent Dyer subsequently called Jason Napier at 9:06 a.m. on the
5 following day and left a message for Mr. Napier. Mr. Napier then returned the call
6 at 9:46 a.m. to Kent Dyer’s cell phone and talked for approximately 14 minutes.
; Kent Dyer introduced himself on the phone, and Jason Napier responded
9 "oh, yeah." Kent Dyer stated he had seen the bronze of "Mother Mountain Lion
1 O with Baby in Mouth” now called "Precious Carg0.” Jason Napier stated, "()h, it
1 I came out beautiful, didn’t it?” Kent responded "Yes it did, it came out beautiful."
12 Kent then asked Napier why he had not told him that he was planning to copy his
13 copyrighted photograph. Jason Napier then stated Kent Dyer had given him
‘ 14 permission to do it. Kent Dyer then stated he did not give permission to Jason
15 Napier to make a bronze sculpture from his photograph. Napier stated, "I have a
16 witness, remember, we were in your booth and my friend heard you.” Kent stated
17 he absolutely did not give permission for Jason Napier to use his photograph to
18 create a bronze sculpture and profit from it. Kent Dyer told Jason Napier that this
19 is one of his very best selling photographs so there is no way he would just give it
20 away. Jason Napier then asked "You do not remember giving me permission?"
21 Kent Dyer then stated that Napier never told him he was going to copy his
22 photograph and that he did not give him permission to copy his work at anytime.
23 Jason Napier then stated he had called Kent Dyer in September of 2002 to
24 discuss this matter. In fact, Jason Napier had called twice on Kent Dyer’s "800"
25 number on September 29, 2002 at 11:13 a.m. and on September 29, 2002 at 5:31
26 p.m. No message was left for Kent Dyer regarding the bronze sculpture. Jason
27 Napier then stated that he never used a photographer’s photograph before to create
28 a sculpture. Jason Napier stated that everything else was his own work. Kent Dyer
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I stated that there was no way he would give permission for someone to use his
2 photograph to make a giant bronze of his work. If he were to do this, he would have
3 had a contract and arrangements for appropriate compensation.
2 Jason Napier stated he had asked three years in a row until Kent finally said
6 yes. Kent stated that the first time he met Napier was in 2001 when he met him in
7 his booth at the Carefree Art Show and bought the mini-photograph. Jason Napier
8 stated it was too late to renegotiate. Kent Dyer then stated that they never
9 negotiated as there was never any permission given to negotiate over. Jason Napier
10 then asked what Kent wanted. Kent Dyer stated he did not know what he wanted
ll and that he would have to get back to him. Kent Dyer then stated he was sick at the
12 moment over this. Jason Napier stated "well" (with a tone of excitement) that he
13 would sell him one at his cost. Kent Dyer became so upset that he began stuttering.
` 14 Kent Dyer finally exclaimed "Your cost!" Jason Napier then said "All right, all
15 right, I’ll give you one for free.” Kent Dyer then stated that he could not talk any
16 longer and would need to discuss this later. Kent Dyer never spoke with Jason
17 Napier again about this matter.
I8 INTERROGATORY NO. 4
19
20 Plaintiffs state that they hired an animal trainer in Bozeman, Montana to assist in
21 capturing the image that has become known as "Mother Mountain Lion with Baby in
22 Mouth." Identify the animal trainer and state with particularity the contractual
23 relationship that existed between the animal trainer and Plaintiffs including the job
24 responsibilities of, and/or services provided by, the animal trainer.
25 Troy Hyde (assistant is Shane), Animals of Montana, 14752 Bracket Creek
26 Road, Bozeman, MT 59715. Phone: 406 686-4224; website is
27 animalsofmontana.com.
28
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