Re: photographs

**l*@juno.com**

Hi Rich,

Claude had asked a secondary question about permissions for photos in a
publication.

I hunted down http://www.cofc.edu/~environ/071Newsletter.pdf last
spring's issue of the college's Master of Environmental Studies
newsletter. It sports a photo of the avenue of oaks. Evidently it is just
now being decided what to do with the property, so it doesn't appear that
it is yet open even to college staff and students on a regular basis. Of
particular note is that there is an environmental easement on the
property owned by a land trust. Unfortunately for our discussion, the
newsletter doesn't say whether the easement includes the avenue of oaks.

In my town, part of my volunteer duties includes making recommendations
for conservation easements on properties slated for development. Our
municipal easements do not allow the property owner to do anything within
the easement: No mowing, no planting, no dumping of leaves or grass,
etc., and no construction. The whole point of such an easement is to
leave the land undisturbed in its natural state. Conservation easements
purchased by, or donated to, private organizations may allow public
access, or prohibit it.

We just don't have enough information about this particular situation to
draw an informed conclusion. But take a look at the newsletter -- the
history of the property is very interesting.

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

On Sat, 6 Oct 2007 08:26:22 -0400 "Rich Pomerantz"
<rich@richpomerantz.com> writes:
> A big part of the problem with this discussion is people here are 
> talking about their experiences in other people's private gardens at 
> their private homes which is totally different.  The photographer in 
> the news article in question was on University property. Folks, go 
> to your nearest college campus, & look around for signs telling you 
> what you can or cannot photograph there or anything that puts you as 
> a member of the general public-passing-through on notice that you 
> cannot make a piece of art based on what you see around you.
> 
> That's the second part of the disconnect - you are talking about 
> publication usage. The photographer in the article made a piece of 
> art for someone's wall. There's no question of publication usage, 
> and there was no claim of trespass. Only that he should not be 
> allowed to sell his visual impression of the place fixed into 
> photographic media.
> 
> We are big time mixing apples with oranges in this thread.
> 
> Rich Pomerantz
> rich@richpomerantz.com
> www.richpomerantz.com
> (860)355-3356
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