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Re: copyright?? on library photos


I think you're carrying things a bit far just to make a point. When did you
ever ask permission of the originator to take a picture of a hosta?  The
difference is that pictures, writings, etc, can be copyrighted.  And most of us
put a notice right there on the site that it is copyrighted and you can't use
it without permission.  Even the people who are using my pictures without
permision have a copyright notice on their site, presumably to keep anyone else
from stealing them.  There is a significant difference between a picture I take
and a picture you take of one of my introductions. The picture I take belongs
to me and the picture you take belongs to you, and unless there are privacy
rights involved, it doesn't matter what's in the picture.  Hosta's do not have
privacy rights.

If you photograph your kid in front of someone else's car, do you need to get
the permission of the owner?  Or the maker? Even if you just take a picture of
a car, leave you kid at home, I doubt that you would feel the need to ask
permission from anyone, even if there was a big hosta inside.

Now, if you take a picture of a pretty girl, and she can be identified, and you
try to use it commercially, then you better have a model release, and you may
have to pay her to get it.  But hostas are just things, for these purposes no
different from cars or rocks or any other object.  And as much as you may feel
that your introduction is your baby, once you sell it, nobody needs to ask your
permission to photograph it, any more than you need a car manufacture's
permission to take a picture of your car and use it any way you please. If I
came to your yard and started taking pictures, I would certainly ask your
permission, or at least assume your implied permission if your house was on
tour and you were standing there while 50 other people took pictures.

If you don't want anyone to take a picture of your plant, don't sell it, and
don't let anyone look at it.  It will be yours alone.


Ransom Lydell wrote:

> ----- Original Message -----
> From: "bob" <bobaxe@sbtek.net>
> To: <hosta-open@mallorn.com>
> Sent: Wednesday, March 07, 2001 5:57 PM
> ****************
> Bob
> I guess if you can apply that to plants, you must apply it to pictures of
> them.  I agree with Chick, that taking pictures from a commercial
> publication, is stooping pretty low.  But again if I want to protect any
> thing, I can copywrite it.  Less difficult , than getting a patent on a
> plant.  But you have missed the point.  The plants that are subjects of the
> photos, are in many cases not owned by the photographer.  Yet we are making
> an arguement for the ownership of the image.  I would like to hear from
> those that have posted pictures of plants devloped or hybridized by someone
> other than themself.  Show me the justification for using those plants as
> subjects with out permission of the originator.
> Thanks
> Ran
> Subject: Re: copyright?? on library photos
> > Ran, I have bought plants from you up to close to $200. If I couldn't
> > propagate them for resale how many do you think I would buy. None to be
> > exact. If the originator always controlled the plants and charged the os
> > prices they do I doubt the hobby would survive long.
> > --
> > Bye
> > Bob             Bob Axmear  208 2nd St Ne  Waukon, Ia 52172
> ---------------------------------------------------------------------
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