Re: Photographs

**f*@aol.com**

I think there's a not-so-fine line that a photographer crosses when he or she crosses a property line. My understanding is, if I can take a picture of your house or garden standing in the street, you can't stop me. For that matter, I can take a picture of a person or a crowd in a public place without permission.
But when you're actually on someone's property, that all changes. Besides, there's more at stake here than determining what is or is not strictly legal. Do we have some inalienable right to make money on someone else's work? I think not. Even if we did, is it wise to create ill will among gardeners, and poison the well for ourselves and our peers?
JF

-----Original Message-----
From: loisdan@juno.com
To: gardenwriters@lists.ibiblio.org
Cc: gardenwriters@lists.ibiblio.org
Sent: Fri, 5 Oct 2007 4:00 pm
Subject: Re: [GWL] Photographs

The attorney's response seems to beg the question of how do you get into
someone's private garden on private property without permission (rear and
side gardens being more problematic than front gardens exposed to the
street)? There's the little matter of trespassing. I sometimes don't
announce myself on garden tours (although the tour sponsor ALWAYS knows),
so as to not disappoint those whose gardens I choose not to scout. 

Because my pitches are about gardens, as opposed to plants per se, I
would not be able to get the most preliminary info I need to pitch my
story without first talking to the gardener. In four years of doing this
work, I have yet to meet anyone who wasn't eager to invite me in to shoot
and chat. When I ask for permission to shoot, I tell the gardener that I
may be shopping the story to more than one place, and yes, the photos
belong to me. I get a written model release when I have a publisher.

I feel as if I'm missing some point. Do others follow some different
process?

Regards,
Lois
Visit http://loisdevries.blogspot.com

On Fri, 5 Oct 2007 14:32:17 EDT Grandiflora2001@aol.com writes:
> About 6 years ago I asked the Exec. Director of GWA about the issue 
> of
> permission on photos. He said much the same as many people 
> here...you need
> permission. However, when I pursued it with the GWA lawyer he told 
> be the 
> photo of a
> garden is the property of the photographer and that permission was 
> not
> required or necessary. Might want to recheck -- those of you who 
> still belong 
> to GWA.
> Donna Williamson
> 
> 
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