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A lawyer says the owner of a grinning horse that photo-bombed a father-and-son selfie has NO grounds for complaint after the picture won a £2,000 family holiday .

David Bellis’ three-year-old son Jacob took the selfie with the horse in the background while they were out for a walk in Prestatyn .

The family entered the image, which was shot from a public footpath, in a Thomson Holidays competition and won. But the horse’s owner Nicola Mitchell complained the picture was shot without her consent.

She has said she would contact Thomson to complain.

Cardiff-based Lawyer Wayne Beynon says that, in his view, Ms Mitchell’s complaints do not stack up.

UPDATE: Thomson confirms family WILL be getting their £2,000 holiday after all - despite owner's complaint

What do you think? Have your say in the comments box at the foot of this article

'No issue of trespass'

The intellectual property specialist with Capital Law said: “From a legal perspective, the owner of the horse has no cause for complaint. The father and child were on a public footpath (and not in the field) and so there is no issue of trespass.

(Image: Mercury Press)

“A photographer automatically owns copyright in the image and does not require permission of the horse (or its owner) to take the photo – much in the same way as photographers don’t require permission to take pictures of celebrities when they are out in public.

“The only issue from an intellectual property perspective, is whether the father, David, obtained his son’s permission, as owner of copyright in the photos, to use them in the competition – but given that young Jacob is getting a holiday out of it, I guess he’d say he gave consent.”

Mr Bellis, 31, has been branded “shameful and stupid” online by Ms Mitchell’s friends for failing to get her consent for the picture. He was accused by Ms Mitchell’s dad, Phillip Dunn, 67 of “worming his way into a £2,000 voucher”.

MORE: Horse owner's complaint about amazing animal selfie provokes furious social media backlash

'Jacob is really upset'

Mr Bellis, from Prestatyn, who works on off-shore wind turbines, said: “Jacob is really upset and has been crying and asking me if we are not going to be allowed to go on the holiday anymore.

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“I don’t understand why Nicola is so annoyed about it. I was on a public path that everyone uses to go to the local school and everyone sees the horse there.

“I just think it’s sad that rather than being happy for me that I won a holiday someone’s automatic thought is that they have been cheated out of something.”

MORE: Teenager posts selfie online and gets called ugly and disgusting

Mum-of-three Nicola, also from Prestatyn, said: “I didn’t give him permission to use our horse in a competition.” She added: “I didn’t even know that this competition was on. If I had known about it we would have entered it ourselves and could have won as Betty is always sticking out her tongue.”

Thomson has confirmed they are investigating.