If i take a picture of someone's flower and sell it do i owe them money?

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?

If i take a picture of someone's flower and sell it do i owe them money?
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!
Reply:I don't think so, but how could they prove it anyway? especially if it's close up....
Reply: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.
Reply: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.
Reply:Hey! Real business woman takes ALL - gives nothing! :D
Reply: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.
Reply: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.
Reply:You keep the money....your subject is an object not a person, so you don't need consent to sell
Reply: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.
Reply:It is your art so you need not pay them. If they took you to court they would have no claim.
Reply: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.

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