Re: photo releases

**"Lazy Garden" l*@comcast.net**

Same problem here.

My home garden has been open to tours many times since I won the Pacific NW 
Garden contest in 1997.  Amature and professional photographers are allowed 
to take photos with permission.  Surprise to find a photo of my gorgeous red 
Orchid Cactus in Horticulture Magazine within an article by Tovah Martin. 
Was I given credit for growing the fantastic specimen?  NO, the photographer 
got credit though!.  Several years later, I'm still hacked off.

Stephen Lamphear
The Lazy Gardener
Robinson Newspaper Group
Seattle, WA

----- Original Message ----- 
From: "Gene Bush" <genebush@otherside.com>
To: <sholt@saxonholt.com>; "Garden Writers -- GWL -- The Garden Writers 
Forum" <gardenwriters@lists.ibiblio.org>
Sent: Wednesday, February 08, 2006 6:25 AM
Subject: Re: [GWL] photo releases

> 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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