BetterPhoto Q&A
Category: New Questions

Photography Question 
Christopher Budny
BetterPhoto Member Since: 10/3/2005

Public Attractions - Restrictions on Photos...

Hi folks... I've been curious, since my recent visit to Longwood Gardens, if I am abiding by their Photography Policy. Here is the text from their website:

All photographers must sign a permission form indicating that any photographs or video/film footage taken at Longwood will not be used for advertising commercial products or services. (Please note that Longwood will not sign general releases giving blanket permission for stock agencies to use photos taken at Longwood.)

I am assuming that posting my pics (taken at LWG) here on is not 'advertising a service'... what is the thinking on A.) mentioning in your photo's text description just where you took the shot (say, it is a flower macro, and therefore the location is not obvious) and B.) what issues, if any, would arise from attempting to sell a print of that photo (taken at LWG) under the text of their policy? Thanks so much for your opinion/experiences...

To love this question, log in above
12/16/2005 4:10:44 PM

Bob Cournoyer
BetterPhoto Member Since: 2/9/2003
Contact Bob
Bob's Gallery
  Just a guess. If you don't mention their name and the flower doesn't have their logo on it......gopher it! I'm thinking that warning has to do with identifiable parts of whatever Longwood Gardens is...

To love this comment, log in above
12/16/2005 7:19:33 PM

Brendan Knell
BetterPhoto Member Since: 4/17/2005
  I agree with Bob. It's just like if you can't identify a person in a photo, you don't need a model release.

To love this comment, log in above
12/17/2005 8:41:01 AM

Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  Greetings Christopher: Just like Disneyland or the Pebble Beach Company in California, theme parks anywhere have a proprietary interest in their settings, attractions, etc. and a right to restrict usage of photos taken in their parks. Still, I doubt seriously that anyone could prove a particular flower shot was taken at LWG unless, of course, it was a specific variety and strain that they produced. And even if it was, you're not using it in a derogatory manner or being compensated for it.

The reason they won't sign a blanket release is because they want (and are entitled) to control how images taken at their park are used in a commercial or editorial context. So, later on, if you happen to be negotiating for the sale of a recognizable shot at LWG, contact their media affairs rep, explain the intended usage etc., and get them to agree to a release for that specific purpose.

Take it light.

To love this comment, log in above
12/17/2005 11:40:45 AM

Christopher Budny
BetterPhoto Member Since: 10/3/2005
  Thank you all for chiming in!

To love this comment, log in above
12/17/2005 1:49:16 PM

Log in to respond or ask your own question.