photographs

**"* P* <r*@richpomerantz.com>**

Thanks Lois. I agree - we are all armchair quarterbacking the new story.

As for the publication/release question, that one is a tricky one to pin down a firm answer to. Whether one needs a release to publish photos of a garden one had permission to have access to is as much a question of good practice as it is one of law. Strictly speaking, one probably does not need a release to publish a photo of private property if the image was made while there legally and with the owner's permission and the photo is used in an editorial use, that is, not in an advertisement, but in a story in a magazine. This is akin to a news story, and in the U.S. no release is generally needed, unless the story depicts the place shown in a negative or inflammatory light.  (In France and I think other European countries it's more strict and releases are needed for almost every use). So I believe the lawyer consulted was correct. 

But then of course, if the property owner for some reason, (such as where they die & the heirs now control the property) does not want the images published, despite the access and the making of the images having been permitted, the issue is a practical one. Who wants to be sued, or have to negotiate through lawyers, after the fact? It is expensive, tedious, and creates so much animosity. Having a release up front eliminates that possibility, even if it is not strictly necessary.

So the GWA director's answer was also correct. Best answer? Get the release when you make the image, when the relationship is friendly.

Rich
Rich Pomerantz
rich@richpomerantz.com
www.richpomerantz.com
(860)355-3356
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