ethical question ahead...warning

[jann1033]

ok i know you need model releases if you can recognize the person but what would you say about taking a photo and selling it when the place says you can take photos but not sell without written permission...not meaning any thing iconic or hardscapes, thinking more along the lines of a flower, bird etc that could really be anywhere, not just that one place...this came up when i noticed a few gardens i have been to allow photos for personal use but charge for commercial photographers to take photos...has anyone ever asked for or gotten permission to sell something they took at such a place, ie a flower, not Cinderella's castle or some other easily recognized symbol? obviously they would have a hard time proving your took that rose at their garden but just wondering the legal ramifications

[DVC Jen]

I dunno Janet. I think for me personally it would really depend on if you could tell that photo was taken there. If it is a macro of a single flower - I seriously doubt anyone is going to have issue with that. If the photo is a landscape or something that is recognizable as belonging to that place than I would have to say stay clear.

Take for instance if I took a close-up/macro photo of a bee on a flower at the Dallas Arboretum - is someone going to look at that and say - oh wow - this is from the Dallas Arboretum. But if I took a landscape photo with a water fountain or some other feature of one of the gardens there - that would definately be a recognizable photo.

Does that makes sense?

[tiggr33]

If I was in a location that specifically stated NOT to commercially use an image, I wouldn't. To me, it would be un-ethical. There are many locations that have rules just like you pointed out. Regardless of what anyone else does, and regardless of (not saying this applies to OP) what rules a photographer feels applies or doesnt apply to them, it would be unethical, and not something I would be comfortable with. I am sure many here will take the opposite stand that I have. But I for one, feel stated rules apply to everyone.

[SharonLowe]

If a place offers a way for you to use the image commercially, then I think you should at least follow those rules and ask if you can use an image or pay as a commercial photographer. You might be very pleasantly surprised and they might say, "oh, you could have taken that bee photo anywhere so feel free to use that one."