more on photo release and usage

**Saxon Holt s*@saxonholt.com**

There seems to be some confusion here regarding photo use and release 
forms.  From earlier today I have snipped:

> when I went back there again a few years ago a sign
> said that no photography was allowed if it was ever going to be used
> for commercial purposes (I think they allowed it if you petitioned them
> first or paid a fee, but I don't remember because I kind of stopped
> paying attention by the time I got to that part).
>
snip

> I have a hard time accepting a policy like that when it's hosted by a
> public University that receives funding through taxes.
>
> 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.

snip
> 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.

  There are 2 very different ways photos can be used: editorially and 
commercially.   Editorial or journalistic use is for information.  
Freedom of the press allows publication so long as no one else's rights 
were abused such as trespassing.  This does not necessarily mean the 
other person gave you permission (look at all the paparrazi) but the 
photog will not get into legal trouble.

Commercial use is when a photo is used to endorse or promote a product, 
particularly advertising.  A photographer can get into legal trouble if 
an unreleased photo of a person, property or object is used to imply 
any sort of endorsement.  When a photographer is prohibited from 
commercial use in a public place it generally means the location does 
not want endorse or promote a product or to have the place used for 
weddings and commercial events.  They can not prohibit taking photos 
for publication.

Saxon Holt 

_______________________________________________
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