Copyright photos taken on publicly-owned property?

Started Apr 20, 2013 | Discussions thread
AlexBakerPhotoz Regular Member • Posts: 276
Re: unless you are being paid..

Right, I do understand that bit about private land and agree with it. For example, Longwood Gardens, one of the largest and most wonderful Botanical Gardens in the world near Philadelphia, PA in the US is privately owned but open the public. Millions of photos have and will be taken there, but they expressly forbid the commercial use of those photos without written permission, which makes perfect sense and I have no argument. Yosemite National Park, on the other hand is the location of some of the most iconic photographs of Ansel Adams, which are owned and sold by the estate of Ansel Adams. A public park on public land, with amazing vistas, free to view and photograph by all and to sell for profit as well.  A work of art is a creation (painting, photograph, whatever) created by an artist with that artist's vision. Where the artist is standing or sitting while creating that work of are is not relevant unless it is on private property and of private property, as in the case of Longwood Gardens which, in this case, is actually a work of art itself as landscape architecture commissioned and done for hire by the organization that owns and operates the gardens.

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