Re: photo releases

**"s*@saxonholt.com" s*@saxonholt.com**

Is it  wise for me to track down the owners of previously photographed 
gardens and  have a release signed?  Do the photographers on this list do
this?   Am 
I vulnerable if I don't have a release for the photos  used?

Does this apply to places where we visit with GWA etc, if it is not  
specified otherwise? What about public gardens - do we need to get written 
agreements 
from them too?  

It is always wise to get a written release.  As a professional photographer
I do not photograph any private garden 
that is not released.  This is mostly to be sure the owner knows what you
intend to do and to keep good professional 
relations with the gardener.  It is not a good idea to publish photos of a
garden without the owners consent.  If you 
know the gardener personally and have a handshake agreement to publish then
you probably don't have to get a 
written agreement - but I do anyway, because I hope to have ongoing
permission to publish the photo for many 
years.

If the gardener does not know you are going to publish, technically they
could probably go after you for trespassing 
though that has never happened to anyone I know.  If a photo was published
as a commercial use (advertising, 
promotions) then a photo must be released or you could be liable for
punitive damages.

Some of the more well known private gardens that you visit on tours may
very well not want you to publish any 
photo because they do not want to have the garden over photographed;
perhaps they are going to be in a book or 
exclusive magazine that does not allow them to have the garden published
elsewhere.  On the other hand some of 
those private gardens want and expect GWA visitors to publish wherever they
can.  You should always ask their 
permission even if you do not get it in writing.

Most, but not all, public gardens do not restrict casual photography by
news media but may not allow tripods or 
commercial use.  Never hurts to ask and get their cooperation.

Saxon Holt

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