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Re: gardenwriters Digest, Vol 57, Issue 10 photo release
Many magazines and book publishers now request releases (they don;t necessarily want to see them,
but you have to guarantee that you have them) before they purchase images. Again, this isn't an issue
for plant ID photos, but any garden shot that could be recognized by the homeowner.
When i know I'm using a picture I shot a number of years ago, I contact the homeowners to make
sure it is still ok to use images. I learned a hard lesson when I was Executive Garden Book Editor at
Meredith (BH&G). We did a book with photos that were pick-ups from Meredith magazines; images
owned by Meredith. We tried contacting all the homeowners, but there apparently was a
communication breakdown. Long story short, one of the gardener's partner described in the original
piece had died, and the new partner was very upset at no mention of him (despite all old photos). So
now, without the power of a large corporation behind me, If I cannot reconnect, I don't sell the photo.
There is also the possibility that a property has been sold and new owners don;t want it recognized.
It's a brave, new, litigious world out there.
Cathy Wilkinson Barash
Author, photographer, speaker, editor
753 17th Street
Des Moines, IA 50314
515-282-5172
fax 515-243-5353
bloominggourmet@mchsi.com
Date: Sat, 6 Oct 2007 21:34:15 -0400
From: "Rich Pomerantz" <rich@richpomerantz.com>
Subject: [GWL] photographs
To: <gardenwriters@lists.ibiblio.org>
Message-ID: <005701c80882$2be7a070$0202a8c0@richmain>
Content-Type: text/plain; charset="iso-8859-1"
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.
--
---------------------- Original Message: ---------------------
From: gardenwriters-request@lists.ibiblio.org
To: gardenwriters@lists.ibiblio.org
Subject: gardenwriters Digest, Vol 57, Issue 10
Date: Sun, 7 Oct 2007 16:01:10 +0000
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> Today's Topics:
>
> 1. Re: Iberflora (Nancy Szerlag)
> 2. photographs (Rich Pomerantz)
> 3. electronic proposal (Molly Day)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Sat, 6 Oct 2007 20:19:30 -0400
> From: Nancy Szerlag <szerlag@earthlink.net>
> Subject: Re: [GWL] Iberflora
> To: Garden Writers -- GWL -- The Garden Writers Forum
> <gardenwriters@lists.ibiblio.org>
> Cc: Nancy Szerlag <szerlag@earthlink.net>
> Message-ID: <EF2A8B3B-0460-4ACC-9311-D869A0E19675@earthlink.net>
> Content-Type: text/plain; charset=US-ASCII; format=flowed
>
> does I will be going work?
>
> Nancy Szerlag
> On Sep 29, 2007, at 6:16 PM, carlobal@netzero.net wrote:
>
> > (ell, it's either "I'll be attending", or "I'm attending"...
> >
> > ...take your pick (sheesh...)
> >
> > Carlo A. Balistrieri
> > The Gardens at Turtle Point
> > Tuxedo Park, NY 10987
> > Zone 6 (845.351.2049)
> > Visit: www.botanicalgardening.com
> >
> > _______________________________________________
> > gardenwriters mailing list
> > gardenwriters@lists.ibiblio.org
> > http://lists.ibiblio.org/mailman/listinfo/gardenwriters
> >
> > GWL has searchable archives at:
> > http://www.hort.net/lists/gardenwriters
> >
> > Send photos for GWL to gwlphotos@hort.net to be posted
> > at: http://www.hort.net/lists/gwlphotos
> >
> > Post gardening questions/threads to
> > "Gardenwriters on Gardening" <gwl-g@lists.ibiblio.org>
> >
> > For GWL website and Wiki, go to
> > http://www.ibiblio.org/gardenwriters
>
> Nancy Szerlag
> Columnist for Detroit News
> szerlag@earthlink.net
> Check blog at www.gardeneryardener.blogspot.com
>
>
>
>
> ------------------------------
>
> Message: 2
> Date: Sat, 6 Oct 2007 21:34:15 -0400
> From: "Rich Pomerantz" <rich@richpomerantz.com>
> Subject: [GWL] photographs
> To: <gardenwriters@lists.ibiblio.org>
> Message-ID: <005701c80882$2be7a070$0202a8c0@richmain>
> Content-Type: text/plain; charset="iso-8859-1"
>
> 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
>
>
> ------------------------------
>
> Message: 3
> Date: Sat, 6 Oct 2007 21:24:01 -0500
> From: "Molly Day" <mollyday1@gmail.com>
> Subject: [GWL] electronic proposal
> To: gardenwriters@lists.ibiblio.org, genebush@otherside.com
> Message-ID:
> <ecf16d9d0710061924y30497bd3w259697974374d5b1@mail.gmail.com>
> Content-Type: text/plain; charset=ISO-8859-1
>
> Gene
> I would like to see that electronic proposal if you can share it and
> probably others would enjoy seeing too.
> Martha
>
>
> On 10/6/07, Gene Bush <genebush@otherside.com> wrote:
> >
> >
> > We are designing and having installed two rain gardens. I got out my
> > graph paper, pencils and pens and made some concept sketches and final
> > drawings for discussion. Found an landscape architect by chance at a
> > symposium where he was speaking. He came out to our home, walked and
> > talked
> > with us, looked at my drawings, took some digital photos, a few
> > measurements
> > and went home.
> > In my email a week later I received his concept of one of the rain
> > gardens. We received a 25 second movie as opposed to the drawings I was
> > expecting. It began as a satellite photo our 5 acres, rotated and zoomed
> > in
> > on the structure where the rain garden was to originate. Then moved in
> > closer so one could see the details of the building, the new path with a
> > "person" on it for scale, front of the building and downspout, his drawing
> > overlaying the scene and 3-D labels for the structure of the new garden
> > and
> > plants.
> > We were so wowed by the tech it took us another day to go back and
> > actually see the reason we had hired the man.
> > Yep, times are a changin'.... but, then, they always have.
> > Gene E. Bush
> > Munchkin Nursery & Gardens, llc
> > www.munchkinnursery.com
> > genebush@munchkinnursery.com
> > Zone 6/5 Southern Indiana
> >
> >
>
>
> ------------------------------
>
> _______________________________________________
> gardenwriters mailing list
> gardenwriters@lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/gardenwriters
>
> GWL has searchable archives at:
> http://www.hort.net/lists/gardenwriters
>
> If you have photos for GWL, send them to gwlphotos@hort.net and they will
> show up at: http://www.hort.net/lists/gwlphotos
>
> End of gardenwriters Digest, Vol 57, Issue 10
> *********************************************
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