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Do we need property release to sell plants shoots taken in botanical gardens on commercial license?

Both plants details and whole arrangements with description exactly where it was photographed.

 

Thank you.

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I work on the principle that a detailed close up of a plant could have been taken anywhere and requires no property release.  For plant combinations and garden views that could be easily identified by the owner(s) I mark them as having no property release and are forced to put them up as RM.  In some cases I can get property releases (my own and other local gardens) and can state that.  They still go up as RM though (my own preference).

 

Here in the UK there are problems with people like the National Trust who require photographers to obtain licences for any commercial shooting - even editorial RM.  You may find restrictions like that in your botanical gardens in Poland.

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Do we need property release to sell plants shoots taken in botanical gardens on commercial license?

Both plants details and whole arrangements with description exactly where it was photographed.

 

Thank you.

 

I'd guess that if it is recognizable where the shot was taken, a property release may not harm - as it would probably private grounds. 

On the other hand if these are close ups - that do not show, where taken, in full agreement with John. 

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Guest

Do we need property release to sell plants shoots taken in botanical gardens on commercial license?

Both plants details and whole arrangements with description exactly where it was photographed.

 

Thank you.

 

Don't be so hasty to put descriptions of where the images were taken unless it's really needed i.e. a client would be looking for an image of a famous garden or work by a well known garden designer.  No need to put location on plant details, that's just opening up a whole world of potential problems.

 

Many large gardens/organisations do offer permits which are worth purchasing - I've has permits/permissions from RHS and NT in past and have had arrangements with many gardens, you just have to ask.....and keep your tripod out of the borders!!!

Edited by Guest

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Wow, so my thinking was wrong - I thought it's better to give a place name so clients could do an article or something else about the specific public garden.

On the other hand there's nothing recognisable on the images so it could be used for any other garden... Oh boy, not easy decision right now :P

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What about particular cultivars that are specific to a grower, the result of years of careful breeding. Mightn't they need a property release (from the grower/breeder), wherever they are grown?

Edited by Martin P Wilson

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Wow, so my thinking was wrong - I thought it's better to give a place name so clients could do an article or something else about the specific public garden.

On the other hand there's nothing recognisable on the images so it could be used for any other garden... Oh boy, not easy decision right now :P

 

There are very few articles about a specific public garden (Sissinghurst or similar excepted) when compared to number of uses for gardening articles etc. IME (only since 1980s mind you ;) ) I don't bother with wider views of gardens I can't get permits for. Yes, on occasion of of my agents will ask for views of x, y or z for a 'gardens of the world book' but without access to commercial uses i.e. calendars etc...... minimal loss.

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What about particular cultivars that are specific to a grower, the result of years of careful breeding. Mightn't they need a property release (from the grower/breeder), wherever they are grown?

 

PBRs are quite specific, mainly about propagation https://www.gov.uk/guidance/plant-breeders-rightsi.e. holders want to supply propagation material or license it. It also affects the large label suppliers but that's further down the food chain.

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If you don't disclose where you took a close-up, as others have said, there is no need for a property release. One good example is the Botanical Garden in Rio de Janeiro, Brazil. Images taken there cannot be sold without a permit. Landscape shots or shots of recognizable portions of it need a release, but a flower is very ephemeral. You take a photo today, tomorrow it is gone. No problem.

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just out of curiousity, what sort of prices does the RHS etc charge for access to commericial photography?

 

eye-watering, or sensible lol.

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probably more than one will earn selling images from there.

 

I thouhght about asking permission to photograph the Oregon Gardens to find out they charge... 150 dollars...

 

It's been almost 6 months here and I am yet to see one dollar! 

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just out of curiousity, what sort of prices does the RHS etc charge for access to commericial photography?

 

eye-watering, or sensible lol.

 

I'm not sure they have the permit system any more - it was being looked in to a few years ago when I last applied for one - cost was not an issue.

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I probably need to look it up again but my understanding was that international copyright law doesn't allow for the copyright of plants or animals. Probably doesn't apply to "whole gardens" just to the individuals.

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