RE: garden photography

I fully too fully understand your feelings Gene and Marilyn. This garden
photography accreditation business is an interesting one altogether, if
fact the whole photography accreditation/permission scene is.
There are many questions about this, not the least of which must be - Who
owns the image? Is it the photographer who used their artistry and skill
to produce the photograph or is it the owner of the garden/nursery who
used their artistry and skill to produce the garden? Neither would exist
without the other. I think there is a good argument for the gardener who
may believe that the photographer stole the image when it was used
without permission and particularly if the photographer was invited onto
the property to photograph for another, specific purpose. Does anyone
know of a legal opinion on this?
What if the garden was photographed from outside the gardener's property?
Maybe you can argue that it was taken from a public place and therefore
the image is public property, but then again the subject was private
property so maybe the image is the gardener's property too. Obviously
this becomes particularly important where money is involved.
I mention all this because our local museum has been involved recently in
the acquisition of photographs taken of people in the 19th century. The
photographs were in a private collection (third party) and were of native
New Zealand Maori people who have a particular concern about the
unauthorised use of their images and those of their ancestors. The result
was that the museum paid many thousands of dollars for the images. Good
manners and protocol dictate that these images must be displayed in
accordance with the wishes of the descendants of those depicted in  the
images. There is presently no doubt that the ownership now lies firmly
with the museum, who paid the cash. However this view may be changing and
perhaps property may in the future rest more with the imaged than the
imager, the photographed rather than the photographer.
For now though it seems that whenever we arrange for, or allow
photographs to be taken of anything that we may have a future interest
in, we should make sure that conditions of use are stipulated in writing
beforehand, just as the photographers do when they hire their images out.
I have recently taken up photography, initially for the purpose of
photographing our own plants but latterly for it's own sake, and enjoy it
immensely. It has actually made me more aware of the rights of those
photographed and the need for those rights to be protected.
Terry Dowdeswell692 Brunswick RoadRD1WanganuiNew Zealand~~~~~~~~~~~~~~~~~~~~terry@delphinium.co.nzhttp://www.delphinium.co.nz~~~~~~~~~~~~~~~~~~~~
> Gene,  you have described exactly the feeling of betrayal I have heard>
from others.  And no, they won't allow their gardens to be> photographed
any more either.  A few of the magazines do the right> thing and give
credit where credit is due.  We gardeners don't ask for> much - but, a
little appreciation goes a long way. Marilyn Dube'> Natural Designs
Nursery Portland, Oregon>

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