Re: How guilty should I feel?

> A house near us recently had a landscape design put in by a firm I have
> admired but can't afford to work with.  They have a planting scheme around
> their yard/street light that looks great and would be exactly what I would
> love to have around *mine*.
> 
> My question is how guilty should I feel when I steal the idea?  Or should I
> wait a year "grace period"?

Hi Bob,

   It all depends on how much of the idea you're stealing, and how much
   is inspiration for another idea. 

   There was a fascinating article in the May 1999 Horticulture magazine
   about this very topic -- it appears that last year's gold medal winner
   at the Royal Horticultural Society's Chelsea Flower Show is being 
   accused by Jacques Wirtz, a famous designer in his own right, of 
   plagiarizing one of his reknowned works.

   In fact, Wirtz is so steamed about the whole incident that he is 
   now threatening to sue for breach of copyright and stealing intellectual
   property rights.  Says his lawyer,

      "I don't see why you can protect the design of a house, or the text
      of a book, or a painting or an opera or choreography -- but not a
      garden.  It is after all the expression of an idea.  Even if an 
      idea cannot be copyrighted, the unique expression of that idea
      should be."

   So to be safe, stealing isn't a particularly good idea.  Borrowing
   ideas to expand or improve upon them should be safe, however (i.e.
   copying Ligorio's Villa D'Este at Tivoli would be distasteful, but
   creating a garden with a central sight-line with terraces, fountains,
   and rooms at the end of perpendicular sight-lines would be okay
   (although the whole point is moot since copyright laws don't apply
   to this 400+ year-old garden)).

   All legalities aside, how far away from your house is the newly
   designed landscape?  If it's too close you might just be in danger of
   being tacky.  :)

Chris

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