Re: crediting the gardener (was photo releases )

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

Well,
    This all wanders a bit from my original message about the ethics of a 
photographer on the job, but I suppose each picks up on what is of interest 
to them as an individual.
    You mention below "Since, as we all know, freelance
> newspaper photographers make barely enough to avoid qualifying for welfare
> in Burundi, the photographer, who also happens to own the copyright to the
> images, (per the US Constitution) and therefore the right to relicense his
> creative works, is happy to license use of the images to the magazine."
    Sorry, but you made the choice on what you wanted to do with your life. 
How much you earn in that chosen profession is not a reason for a lack of 
ethics.The photographer misrepresented themselves on the job... shot photos 
for their own use outside of the assignment they were on (staff, not 
freelance).  I make a living from my garden and the photographer knew that. 
Circles are very small in this area and we all know or bump into each other 
relatively frequently.
    Quoting the constitution, legalities, sub sections, by laws, etc.  still 
does not excuse bad behavior, legal or not. When you lie... misrepresent... 
whatever word you choose to use.... shame on you from my book. You may do 
whatever with what you have gained from abusing your trust with me, but you 
will not be back.
    Gene E. Bush
Munchkin Nursery & Gardens, llc
www.munchkinnursery.com
genebush@munchkinnursery.com
Zone 6/5  Southern Indiana

----- Original Message ----- 
From: "Rich Pomerantz" <rich@richpomerantz.com
>snip...


> For Gene - you had the experience of a photographer who used the images of
> your garden without credit in garden show presentations and in published
> work. Complaining about it here may feel good, but seems a bit 
> inappropriate
> to me. It seems to me you could have said something at the garden club (or
> wherever it was) to set the record straight. I bet if you had done that 
> the
> photographer would have been happy to "share" credit with you.  Of course
> the magazine not giving you credit was more likely the magazine's fault. 
> As
> for both cases, let's think this through a little - Photographer shoots 
> your
> garden for the newspaper.  Magazine editor sees the images, calls
> photographer & asks to use the images. Since, as we all know, freelance
> newspaper photographers make barely enough to avoid qualifying for welfare
> in Burundi, the photographer, who also happens to own the copyright to the
> images, (per the US Constitution) and therefore the right to relicense his
> creative works, is happy to license use of the images to the magazine. He
> probably got paid about as much for the cover use as the cost of a good
> shovel. So far, nothing unethical or bad about his behavior that I can 
> see.
>
> Then some garden clubs see the obviously good images (or they wouldn't be
> attracting so much attention) & ask the phtoographer to make a 
> presentation.
> So he does so. He shows the image from your garden to illustrate whatever
> point he is making. He has not disparaged you or your garden. He had your
> permission to create the photographs. He exercised his constitutional 
> right
> to make money off of his creative efforts. I am afraid I am missing the 
> part
> where he did something wrong.....
>
> An aside here - when I do flower show and garden club presentations, the
> best gardens presented always raise a question from the audience - "Where 
> is
> THAT?" I always tell them, unless the gardener has asked for anonymity.
> Usually I tell audiences where many of my images were made, although not 
> for
> every image. If the plant/garden/etc is really wonderful, people will ask.
> Of course I tell them. I always try to give credit to the gardener.
>
> Thanks for letting me rant. No insult intended, but I just think we all 
> need
> to look at it from all the points of view before we get our undies all 
> tied
> in knots.
>
> Rich Pomerantz
> rich@richpomerantz.com
> www.richpomerantz.com
>
>
> _______________________________________________
> gardenwriters mailing list
> gardenwriters@lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/gardenwriters
>
> GWL has searchable archives at:
> http://www.hort.net/lists/gardenwriters
>
> Send photos for GWL to gwlphotos@hort.net to be posted
> at: http://www.hort.net/lists/gwlphotos
>
> Post gardening questions/threads to
> &quot;Gardenwriters on Gardening&quot; &lt;gwl-g@lists.ibiblio.org&gt;
>
> For GWL website and Wiki, go to
> http://www.ibiblio.org/gardenwriters
> 


_______________________________________________
gardenwriters mailing list
gardenwriters@lists.ibiblio.org
http://lists.ibiblio.org/mailman/listinfo/gardenwriters

GWL has searchable archives at:
http://www.hort.net/lists/gardenwriters

Send photos for GWL to gwlphotos@hort.net to be posted
at: http://www.hort.net/lists/gwlphotos

Post gardening questions/threads to
&quot;Gardenwriters on Gardening&quot; &lt;gwl-g@lists.ibiblio.org&gt;

For GWL website and Wiki, go to
http://www.ibiblio.org/gardenwriters