Re: crediting the gardener (was photo releases )

**"Christopher P. Lindsey" t*@spamfodder.com**

> How much is this like reprinting in a different publication a first rights 
> piece of written work without securing permission from the author?

I agree 100%.

It basically boils down to the existing set of copyright laws -- the garden
is a work of art, although perhaps more ephemeral than a sculpture or 
painting. 

Still, it should be granted the same rights.

This brings to mind the case that a sculptor brought against Warner Brothers
for the film 'Batman Beyond'.  While filming in Los Angeles they included
a famous sculpture in a scene without the sculptor's permission, so he
sued for damages.

He ended up losing, but only because he had conferred copyrights to another
party that *had* given permission.  Had he still been the copyright holder
he would have won.

However...  As Sandra Day O'Conner pointed out, "the purpose of copyright
is not to reward the labor of authors, but to promote the Progress of
Science and useful Arts."  This premise seems to be shifting, especially
with the introduction of the DMCA.  So I wouldn't be surprised if the
rights of artists went away over time...

For those of you interested in copyright issues, this is an old but
well-written site:

   http://www.benedict.com/

Chris

http://www.hort.net/gallery/      3931 online plant photos and growing!
http://www.hort.net/gallery/date/2006-01-08/       The latest additions
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