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photo permissions
Thanks to all who have responded to my photo permissions and payment
questions. Re: the payment issue, the gardener in question is
perfectly reasonable in her request, and that was the arrangement from
the start--we just didn't work out an amount because it would have
been rather silly given that there was no possible way to know if,
when or how the photos would ever be used in a publication. I do not
allow anyone to photograph one of my gardens without compensation to
me, so I certainly wouldn't deny her the same consideration.
I'm just seeking information about standard current rates for the use
I specified given the anticipated first print run. Anyone else who'd
care to weigh in with numbers, please do. Jeff Lowenfels, on what do
you base the $50 figure?
With respect to the permissions issue for the property that changed
hands, the photos were originally taken entirely for documentation
purposes. There was no reason at the time to suspect I'd ever have a
desire to publish them. This is a private garden that I was hired to
care for and rehabilitate, since my occupation is garden design and
maintenance, not garden writing (at least not full time). I do a lot
of photographic documentation of my work because it helps in
discussing long term goals with clients. Hence, no property release.
In fact, this is a rather delicate issue. It would make certain
clients uncomfortable even to be asked to consider signing a property
release, which would damage my relationship with them. As a general
rule, I assume that photos I take on client properties are "out of
bounds" for publication unless the client is openly receptive to
having the garden be on public view. That is rather rare. So
although I appreciate everyone's input about the importance of getting
property releases, etc., really, it wasn't originally relevant. This
is just one of those situations that couldn't have been foreseen.
Mark Turner is right, and I will ask a lawyer.
Amy Ziffer
dba A Shady Lady Garden Design
128 Green Pond Rd.
Sherman, CT 06784
Home office: (860) 350-3565
Cell: (860) 248-0559
amyziffer@earthlink.net
www.amyziffer.com
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