Re: crediting the gardener (was photo releases )

**"Dan Clost" d*@sympatico.ca**

Now that was an interesting site to read. ( 
http://www.kantor.com/blog/2005/12/legal_rights_of_photographers.html)
What it didn't really cover, and Chris mentioned this as well, was 
copyright. ( Copyright laws seem to be very similar in Canada and the 
U.S.A., certainly in intent and scope.)

I'm intrigued by the idea of copyrighting a garden. I can't find anything 
that specifically refers to an actual garden but there are some interesting 
inferences involving artistic creations and architectural design.
It seems that my front yard garden, in plain view to passers-by, would be 
automatically protected by copyright if I created it as a deliberate work of 
art.  As a garden writer, I could write about it but I could not publish 
photographs or sketches of it without permission. However, if I made a nice 
garden and then noticed that someone had published photographs of it, I 
might have a hard time claiming it as a copyrightable creative piece.

(Chris, this also addresses the issue of the sculpture in the Batman film. 
If it was in a public place or on private property where the public have 
access- i,.e, a mall, museum etc., and it's use in the film did not compete 
with or hinder the ability of the copyright holder to earn money from that 
sculpture, then the film company was free to use it.

However, if I am ABC Nursery or ABC Garden Design then copyright appears 
clear in the sense that these gardens were specifically created to earn 
money. It would not matter if those gardens were on my personal property or 
on a client's property. (There might be a discussion as to who owns the 
copyright not its existence.) So I, as a garden photographer, would need 
permission to publish those photos.

http://www.nolo.com/product.cfm/ObjectID/CF0946AF-06EA-46EF-A2FC0F9F99DB505D/sampleChapter/3/310/#summary

All that aside, it seems that if everyone takes the high road of informing 
and asking permission of the owners' a lot of this would be moot.

Here's a short but very interesting bit:  Not necessarily for you writers 
and photographers, but for those of you on the list who also do a bit of 
design or landscaping. ESPECIALLY if you are continuing a job started by 
someone else.
http://www.invention-protection.com/ip/publications/docs/Architecture_&_Copyright_Law.html

Who would-a thunk being a garden communicator was so complicated?
Dan 

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