Re: crediting the gardener (was photo releases )

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

> If I am walking down the street in my hometown and I see a front yard that I 
> wish to photograph (or write about for that matter) am I required to gain 
> permission from the owner?
> 
> Any written observations or photographs would be taken from my vantage point 
> on public property, i.e. a sidewalk.  For this discussion, not being a 
> photographer I might use incorrect terminology, no telephoto lenses would be 
> used.

Hi Dan,

   I suspect the phrase 'it all depends' comes into play here.   :)

   I think if you're photographing a *plant* you're OK.  Architectural
   elements are also protected.  But if you're photographing the entire 
   garden or design of the garden then you could be violating copyright
   laws.  It depends on whether or not the gardener views their garden
   as a work of art.

   Personally, I'm just interested in the individual plants themselves --
   flowers, buds, leaves, stems, fruit, fall color, habit, bark, etc.
   So I think I'm pretty safe.

> Now- same question but this time I am looking at the growing and/or 
> demonstration gardens of ABC nursery. I am standing by the side of the road. 
> Is the answer the same or does the differing natures of the properties 
> require different interpretations of the question?

   The answer would be the same, I think.  It all depends on whether or
   not they could argue that their planting was a work of art.

   However...  Copyright cases mostly focus on damages -- how much money
   they lost because their copyright was infringed upon.  So whether or
   not you could be sued would depend on whether or not you caused them
   financial loss in some way (i.e. they have an exclusive contract 
   with a photographer, etc.).

   The morality is a different issue.  ;)

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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