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meaning if i go into someones yard with their permission and take a picture of a flower in their garden and sell it do i have to pay them or is that up to me or up to them or what?

2006-08-01 04:59:47 · 12 answers · asked by um yea hi 4 in Arts & Humanities Visual Arts Photography

12 answers

If the flower is unique perhaps there could be a property issue, but in any case if you asked permission and they gave it there should be no problem. The only thing that comes in would be again if the flower was somehow unique, like if the guy had developed some type of hybrid. In that case I would strongly suggest getting a property release before trying to publish the image. If you have no plans for commercial publication and only want to use the image for artistic prints then you need no release.

And ipshwitz, have you really been a professional photographer for 10 years? Your website http://www.wise-photos.net/index.asp says since 1998 and you are only 25 years old. So did you become a pro when you were 15 or were you 17? Maybe we should call you Uberboy!

2006-08-02 06:34:58 · answer #1 · answered by martin b 4 · 0 0

No, there are no royaltees that are required to be given to the owner of the flower. Now, as a generous offer you could give them something because it was their work and time that created the subject you photographed.

Also, you can't walk right onto their property and take the photo. Be sure you get permission from them first, otherwise it is tresspassing.

It's always best to be generous to those who have helped you create an item for sale. Whether you are photographing their flower or drawing their house, it's still theirs. And even though you are not required to pay them, it's nice to give them a little something.

2006-08-01 08:01:05 · answer #2 · answered by Ipshwitz 5 · 0 0

Your cousin is very rude and so is her friend. You know that you are not going to get any money from her for them, and it makes it worse because she did this to her family for a friend. She needs to be reminded you do not help someone scr** over your family. Let me tell you yeah maybe to some people $40 is not much money but $40 is a lot of money when you have no food. It is upsetting your mom and no use causing drama between you two over this, your cousin has already done enough do not her be the cause of you and your mom arguing. Stay on the right track continue to stay "drug free" and stay witth good people. Take this as a lesson learned, if you are ever in that situation again do not let anything leave your house unless you have the money up front. I am sure some people will take it as an insult but explain you were already screwed over by family and not going to let that happen again . I hope some day you will forgive (not forget - but forgive) your cousin, and if she ever asks to borrow or use something again tell her firmly NO and keep to it. Do not let this come between you and your mom.

2016-03-16 10:27:55 · answer #3 · answered by Anonymous · 0 0

You do not need permission to sell or distribute an image if the flower or person for that matter is in view from a public place such as sidewalk. Besides for a flower they are going to have a hard time proving that it's the flower on their front yard.

2006-08-01 05:32:12 · answer #4 · answered by Rebecca 1 · 0 0

no, you don't OWE them anything. But, maybe a copy of the picture and a thank you note would be nice. It was their flower and they were nice enough to let you take the picture.....I say make a copy of the picture, buy a pretty frame, and write a nice thank you note.

2006-08-01 05:13:24 · answer #5 · answered by k b 2 · 0 0

No you don't have to pay, unless you promised to do so when you took the picture.
Obviously, it is up to you what you do, but maybe you could make them a gift of an enlargement of the photo, to show your appreciation.

2006-08-01 05:06:21 · answer #6 · answered by Hi y´all ! 6 · 0 0

Only if you agreed to give them a fee or something as a condition of gaining access to the flower in question.

Probably would be nice to give them a print in case there is any ambiguity here.

2006-08-03 18:40:34 · answer #7 · answered by PermDude 4 · 0 0

You keep the money....your subject is an object not a person, so you don't need consent to sell

2006-08-01 05:04:51 · answer #8 · answered by Anonymous · 0 0

even if it's in "their" yard, it's not "their" flower- humans don't own vegitation, i'd say to just give them a nice print of the photo, and call it even.

2006-08-01 05:05:41 · answer #9 · answered by list 3 · 0 0

I don't think so, but how could they prove it anyway? especially if it's close up....

2006-08-01 05:07:36 · answer #10 · answered by Ms. Roger Rabbit 4 · 0 0

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