Rights to photos

When we post pics to the Plantfiles, who retains the rights to the photos? I was just wondering for a person who has asked to use one of my photos in a book just told me they have to state they have permission of Plantfiles to use my photo along with my permission.

Thanks Terry

Kell, My understanding of the copyright law and how it works in this context is that you retain full rights to all your photo's. This person could come directly to you and get permission and a copy of the picture from you for the book and bypass Dave's.

Because they are going to get the copy of the picture from Plant Files they need Dave's Garden's permission too.

When you post a photo to Dave's Garden you give them permission for this type of thing and to use your pictures within the realm of their own business. The legal terms in the Terms of Service give them much broader rights but you will always retain full copyright to your pictures to do with as you wish.

There is a certain level of trust we give Dave's in that they won't run off with the copyright granted to them and start selling photo's to anyone and everyone for their own profit.

You may want to ask this person about some form of payment, even if it is nominal and if Dave's is getting any money.

Now that is only my basic understanding in basic plain english and if that is totally off then someone else will have to correct me.

Did they want one of your Protea pictures? Those were so good.

ilima

Thanks so much Ilima for responding to me. So where do I find this Terms of Service you mention? I do not think I have ever seen this.

It is kind of exciting that they want to use one of my pictures though I fear it is not because of the quality but because of the subject matter. Ah shucks! LOL. She insisted that she pay me $100 though I sent her the picture she wanted without a thought to money. I just retired last week so I was thrilled. An omen of what is to come, perhaps? LOL. I am planning on taking a photography class soon.

Thank you for your compliments. I have so many more protea pictures to post. I just do not have the time and some I do not know the name of so it takes so much research to identify them before I post them. And when I have to enter a new plant, it takes lots more time also to research the answers to the questions Plantfiles ask. I will say protea really excite me. I am planning a trip to Santa Cruz where I understand they have lots of different kinds. I need to go soon or it will be too late.

I am off and running on roses now. I get sidetracked so easily. I love too many kinds of plants. Though protea is my favorite subject. I could look at them all day. Talk about an entertaining bloom!

This is the picture the lady liked.

The relevent passage to copyright is number 2 in the Accepatable Use Policy which is on the bottom of every page.

Just a close up of a rose was what she wanted. That isn't very exciting compared to a Protea.

Isn't there a Botanical Garden in Santa Cruz at the university? Is that where they have a nice collection? You can always come to upcountry Maui to see plenty of them too.

ilima

I guess you are so right, ilima. Dave's does retain all rights to our photos to do whatever they want with them. I had no clue.


"We reserve the right to modify, reproduce and redistribute materials posted to our services, both internally and for commercial use. Copyright of all material published is retained by the contributor. The contributor does, however, grant to StandardOut, Inc. a non-exclusive license to modify, reproduce, and re-distribute the contributed content in any manner that it sees fit."

I would love to come back to Maui. You live in a wonderland. You lucky duck. Yes, I want to go to the Botanical Garden in Santa Cruz. I hear they have the most extensive collection of protea around.


And you are right about the rose picture, it is not as interesting at all. But what interests her is the kind of rose it is. Not my talent of lack there of. LOL.

Thanks again for responding to me, I would have been sitting here still wondering without you. I had searched Plant Files for the info myself esp on the page where you go to post your photos. But couldn't find the info. THANKS!!!

kell, just to clarify, we don't have the rights (i.e., copyright) to your photo, only a non-exclusive license to use the images you upload. You retain the copyright until/unless you voluntarily make your photos available in the public domain, or sell/give it to someone else.