Re: photo releases

**"Gene Bush" g*@otherside.com**

Over and above all the legal "stuff"
    A little story. I have a display garden I have been working on for about 
20 years now. I am intentionally growing all the shade plants I can manage 
for it is the basis of my livelihood. When you visit the nursery I can 
usually show you several species and in combination with other plants. I can 
write from personal experience and photo them for my slide presentations and 
magazine articles.
    I had a photographer come over for a shoot representing a newspaper. 
Took about 12 or 14 rolls of slides. I remarked about the number, and OH, 
they did not want to have to make a return trip.. just in case, you know. 
OK.... offered some plants for the photographer to take home. Nope, was not 
ethical to take freebies while on the job. Cool! I am impressed.
    Well, after the exposure which I very much appreciated I see plants from 
my garden on the cover of a magazine with no credit to me and I see slides 
of my plants in presentations given by the photographer who was on the job 
for a newspaper.
    How would you feel as the gardener??
    Life is not hard people... honesty goes a long way ... treat others as 
you would want to be treated. Now I am very suspect of anyone who asks to 
photo my plants or gardens and generally the answer is no. Go grow you own.
    And yes, do follow up with the paper work.
Gene E. Bush
Munchkin Nursery & Gardens, llc
www.munchkinnursery.com
genebush@munchkinnursery.com
Zone 6/5  Southern Indiana

----- Original Message ----- 
From: <sholt@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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