Is this legal?

A nursery I've never heard of has a link on their Web site to MY October Glory Red Maple tree pictures. Can they do that? I don't think they are allowed to do that unless they ask me first. What do you guys think I should do? (Sorry, I don't want to post the nursery because I don't want to give them any free advertising.)

Is it a link to your picture, or do they actually have the picture itself on their site? If they have the picture itself, then they're not allowed to do that without your permission. That's why we have the copyright thing in the top corner of pictures we post here. Otherwise, if it's just a link to your picture on this site then I think that's legal. If they stole your picture, I would contact them and explain that it's a copyrighted picture and they need to take it down (or just give you credit for it if you're OK with them having the picture).

Well, to the best of my knowledge, what they are doing is well within the parameters of the law. You can sabbotage their link though by rearranging your website. I've known people who have added photos of their kids waving at the camera to get their point across and I also know somebody who some how redirected any hits to their page to a Martha Stewart home gardening site.
http://www.marthastewart.com/page.jhtml?type=learn-cat&id=cat243&navLevel=2&rsc=mslnav

When their link to your website opens, the first thing that is seen should read:

_______ has no permission to link here; they didn't even ask me. If you want to do business with lamebrains like this, view on. If you don't, please enjoy my hard work and then patronize another establishment.

If you are not that vindictive, then EQ's line of reasoning leads to:

How about a picture (with unnamed innocent urchins) waving a sign saying:

"Shop at ______(the competition); they don't steal copyrighted images or link to websites without permission!"

Or better: if I remember, you have quite a series of images about an old beech tree being removed. You could add that to the red maple section, as:

"Brought to you by _____ (offending nursery)"

I bet THAT would get their attention.

The nursery is offering a coupon sale for October Glory red maple trees. The nursery is in Georgia, and my trees are in New Jersey (where growing conditions are likely quite different). The coupon offer is huge on their homepage. You click on the coupon, and on the bottom it says something like "see glorious photos of October Glory red maple in all seasons" and it links directly to my October Glory red maple page.

While I'm truly flattered by the wording of the link, what if the October Glory red maple trees they sell aren't really the named cultivar? I'd be REALLY annoyed then that I had something to do with misleading people into thinking they were buying a tree that would turn red in fall, and then the one this nursery sold them ends up turning yellow, or having a bad silver maple-like branches falling off habit or something like that.

So I guess ultimately, they should ask permission to link to my site, and in order for me to give it, they'd need to prove to me that what they are selling is really the named cultivar. But how could they do that? I'd want to see the tags they are putting on the trees, for one thing. Is the information correct on the tags? And, gee, if I'm going to do all this checking, they ought to PAY me. But I've always wanted my site to be free of any advertising or any notion of a connection to any nursery, so that I can always remain free to criticize or free to compliment any nursery I want to.

I like Viburnum's suggestions A LOT, especially the first one. But I guess that in order to "be better than them," I should contact the nursery about the problem first.

Thanks for the input! I REALLY appreciate it!
--Joulz

One more thought, Joulz.

Acer rubrum October Glory® is property of Princeton Nurseries, which happens to be relatively near you. You might also inform them of the GA nurseries tactics, and let THEM take them on if there is legal grounds to plow. Princeton may reward you handsomely; I hear they grow a few good plants.

Joulz, What ever you do, do it soon!
I have a business web site and I would not be nice to anyone who tried to profit from my work without first asking.
I think you should substitute your pic with an ugly dying thing, until this gets settled.
Andy P

Hey Joulz, to the best of my knowledge they do not need your permission to provide a link to your site. Common courtesy should have dictated but evidently it did not. Sad reality is that you strike me as the type of person who would have allowed them to link to your site if they had extended to you the common courtesy of flat out asking if it would be ok. Please be careful with how you approach them. And please be very careful with anything you put in writing to them. I know this is going to be hard to swallow but sometimes it is often best to leave well enough alone. If it were me, I would send them a very polite e-mail respectfully requesting that they not link to your site. Share with them how you feel and politely ask that they link to another website. If approached properly, most people will apologize and find another site to link to.

I know some of V V's suggestions are looking pretty appealing to you and to add some of those comments to your website might make you feel vindicated however, I personally would not open myself up to that type of liability. Slanderous statements can and have backfired on folk. Please know that publications deemed to be false and malicious for the purpose of defamation could result in you being accused of libeling him. Who wants to get served notification of a libel suit? Please research what ever avenue you choose to take thoroughly and I'd also have to suggest you seek counsel in your state of origin before you do anything.

I have a thought, it's your website and I just happen to have some very nice photos of Rhamnus frangula. I could send you the photo after adding a little text box to the image that stated-

"Glossy Buckthorn (Rhamnus frangula)
This is one of the most noxious of all weed trees.
On a good day, it sort of looks like October Glory Red Maple, doesn't it?"

I don't see all that well and if I choose to add that caption to my photo and if I choose to allow you to use my photo at your website... well... am I to blame for having the opinion that a Maple and a Buckthorn look a lot alike in a two dimensional image? I mean after all, they're both woodies.

Joulz, sometimes less is best. I have to admit I really liked Andy's suggestion of adding an ugly dying thing to your website temporarily. Trust me, the minute he saw what he was linking to... you wouldn't have to ask him to stop providing a link to your site.

Matter of fact, I'm sure somebody here would volunteer to ask him if the photo to October Glory Red Maple is really an October Glory Red Maple because the picture doesn't look all that healthy or something else subtle. Just my humble opinion.

To go a step further, even going that far can be a double-edged sword. October Glory is one of the fine old stand-by trees, especially for southern gardens where some others don't color well. Don't drag the cultivar into the fray and incur possible action from its owner. I would simply advise the offending nursery that your photos are not provided for commercial links, and relocate the photo immediately so their link comes up dry. The whole thing might be innocent enough -- maybe the nurseryman has no clue about intellectual property concerns and just needs to be told.

Guy S.