Re: photo permissions

**C* E* <c*@catrionatudorerler.com>**

It sounds to me that with this book contract, the nature of your business has expanded.  Most homeowners are delighted to have pictures of their garden published, and even the reluctant ones often come around if offered total anonymity.  

You know your clients better so perhaps I'm way off base, but I don't see how it would damage a relationship to say, "I've just had a book published with my garden photographs and now there is the possibility of my photographs being published elsewhere.  Are you comfortable with my photos of your garden being published?  I understand if you're not..."  If the answer is no, then you commit to not ever use them (and perhaps sign a document to that effect so they don't worry about your longterm goal, design-related picture-taking).  If the answer is yes, get a release.

When I photograph gardens I explain to the owners that the pictures I take may be used for a feature article if they're comfortable with that, but that I also have a photo database, and I get requests for photos from editors.  If a picture of their garden is published as part of a book or other magazine article, I would be sure to let them know so they can get a copy.  Depending on the nature of the use and my relationship with the editor, I may ask for the publisher to send the owner a complimentary copy of the publication.  I explain that the photo use would always be for garden editorial content, not advertising or commercial use.  Ninety nine percent of the people, including owners of very high-end gardens, are comfortable with that.  Occasionally I get a homeowner who wants to insure that a feature article about their garden will only appear in a highly regarded publication (Gardens & Gun being one).  I make that commitment.  If the gardens merits it, I make a point of q
 uerying those venues.  

My view is the homeowners are sharing their private space with me, and that is a high trust and a high honor.  Whatever their wishes, I respect them.  In 22 years of photographing gardens, I've never been asked by the homeowner to pay them for taking the pictures or getting them published.   

Catriona

On Mar 18, 2013, at 12:29 PM, Amy Ziffer <amyziffer@earthlink.net> wrote:

> 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.

Catriona Tudor Erler
965 Pintail Lane
Charlottesville, VA 22903
434 953-6780
Catriona@CatrionaTudorErler.com
www.CatrionaTudorErler.com

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