Re: Publishing Garden Photos

In a message dated 5/9/02 12:05:38 PM Eastern Daylight Time, 
cherylisaak@adelphia.net writes:


> I would be furious.  Did you sign anything for the paper to use the pictures?
> I've heard strange stories about the use of photographs, their sale, 
> and publication....

I think the reality of the situation is that once you've given verbal 
permission for someone to take photos in your garden, they can do whatever 
they want with them.  The photographs belong to the photographer.  I think it 
is unusual to credit a garden except when the photos accompany a story about 
THAT garden.

We all benefit from published photographs of gardens and plants. I'd hate to 
see anything upset the applecart so that these kinds of photos begin to 
become scarce.

On the other hand, I would question the ethics of a professional photographer 
who asked for permission to shoot in a garden without saying that the photos 
might end up as stock photos.  

Unless there is a person in a photograph, I don't think the photographer 
legally needs permission to sell or publish the photograph. Photos of people 
should be backed up by a written release by the person. Unless the person is 
a professional model who charges to have his or her photograph taken, such 
written permission would not normally pay a fee or percentage to the subject. 
 

Photos of gardens are the creations of the photographer, not the gardener. It 
is the photographer who seeks out the site, composes the photograph, uses 
technical know-how to create a good photograph, pays for its processing, and 
finds a market. 

All this being said, I think photos taken in a for-profit nursery are a 
different matter altogether, because those gardens ARE for-profit gardens.  
The nursery should be cited if the nursery owner so wishes.
Bill Lee

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