Re: Photographer sued for landscape photos

**l*@juno.com**

Hi All,

Publication of photos of a private residence in a magazine requires a
signed release from the homeowner. I have my own horror story to tell
about THAT. It is safest to always ask for a release anyway, it just
prevents problems. Shots of individuals who cannot be recognized (a group
of people in a garden with their backs turned toward you, or in the
distance) do not require releases, but get one if the faces are
recognizable. A good rule of thumb is to ask: "How would I feel if a
photographer did this to me?" 

I can't imagine needing a release for close-ups of plants or flowers, but
when you are in an intimate space of someone's garden it is appropriate
to ask and explain what your work is. As GWA member photographers have
cautioned us in the past, many public gardens have their own rules.

This is a very fuzzy area when it comes to artworks. 

The issue on the Dixie Plantation is not really the copyright ownership
of the specific photo taken by Ham; clearly he owns the copyright. Rather
it is the private foundation's obligation to enforce the terms of its
bequest by Dick. According to thestate.com,
http://www.thestate.com/local/story/190126.html 
"The College of Charleston Foundation says the Dixie Plantation land was
left to the group for research and education purposes. School spokesman
Mike Robertson said the late plantation owner, John Henry Dick, placed a
legally binding restriction on the sale of images of the land ?for any
commercial gains.?"
Ham is clearly selling prints of his photos for commercial gain. 
Some of the public places I've been prohibit photos, but sell
officially-sanctioned ones in their gift shops, or provide them for use
in publications, either free or for a fee. Since the use of such photos
for mementos, or made into postcards, refrigerator magnets, calenders,
giftcards, wrapping paper, etc., is an important stream of income for
many non-profits, it is easy to understand why they might be
"overprotective" of their assets.
I'd love for some of our photographers on the list to weigh in.
Regards,
Lois J. de Vries
Visit http://loisdevries.blogspot.com
On Thu, 04 Oct 2007 09:27:24 -0700 Claude Sweet <hortventures@cox.net>
writes:
> An interesting reading of the sentence. I read it to say
> 
> the artist "...entered Dixie Plantation some time in 2006 without 
> permission (a comma should be inserted prior to the rest of the 
> sentence)  "to shoot a photograph..."
> 
> Since this is private property, the first question to be resolved is 
> did the individual have permission from the owner to be on the 
> property.
> 
> The artist could have gained access to be on the property through 
> misrepresentation and lacked the permission to take photos. As I 
> understand the business of selling photos for use by publications, 
> permission would have involved a written release from the property 
> owners as such a document is required by a publisher's legal 
> department.
> 
> Is that a common understanding of the rules within the publishing 
> trade?
> 
> Claude Sweet
> San Diego, CA
> 
> 
> carlobal@netzero.net wrote:
> 
> >It is indeed a critical sentence, but it says, 
> >
> >the artist "...entered Dixie Plantation some time in 2006 without 
> permission to shoot a photograph..."
> >
> >It doesn't say he entered illegally, and the crux of the lawsuit is 
> that he took the photograph without permission, not that he entered 
> without permission.
> >
> >
> >Carlo A. Balistrieri  
> >The Gardens at Turtle Point
> >Tuxedo Park, NY 10987
> >Zone 6  (845.351.2049)
> >Visit:   www.botanicalgardening.com 
> >
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