Model release in Floral arrangement

There were many beautiful floral arrangements on display in the recent HK Flower Show and I have taken photographs of a few of them and posted one recently. As this was on public display, I did not think of asking permission from the creators before taking this (and they are not on site during the exhibition). I suppose this is a little like taking a flower in a public park or an animal in the zoo where you don't have to get permission to do so. One will probably need to get consent from your neighbors if the flowers are in their gardens. I do not currently sell images or prints at the moment and the issue I am raising is a theoretical one. Is taking pictures of other peoples flower arrangements going to be an issue should I decide to include the image in my portfolio or sell images in future? Should I obtain model release from the floral arranger?

I have no experience with this but I would go ahead and do it (at least contact them - they may not care). I looked at the image you provided and it's evident that the person who created this is an artist and put in a lot of work - all you did was come along and snap a photo (just kidding of course). They should have a say in how their work is used (I certainly don't know the model release rules of HK but as a courtesy alone it should be done).

Also, there's a chance that some of these people may want to purchase images from you or have you do contract work for them, given your talents and how you make their work look that much better.

- Luke

These types of issues in photography are getting a little sticky, aren't they?
IMO, you should ask for a release. The arranger (artist) spent considerable time creating something unique and owns the presentation, I think. Not really much different than a sculptor's work, which he/she also owns.
Luke's point about your images possibly getting purchased is a good one too -
Sandy .

Went to the State's annual spring exhibition a couple of weeks ago and asked the "Committee" chair whether there would be any objection to printing cards using the image. Their answer was "they were sure the artist wouldn't mind if the card was used for your own personal use and not for sale." They had to discuss this with others so I don't think their answer was legally sound... and, as you said, the creator of the arrangement was not available at the show.

I felt it was dangerous territory so I probably won't use the images taken.

I have no real legal basis to work with but if image sales were possible I would be real hesitant to proceed without the permission of the artist, especially so if the arrangements themselves were for sale. I have had a similar experience to Patricia's with a local golf course that granted me permission to come onto their property and shoot some of their flowers for personal use but not commercially. >=))>

Gary, I would agree with the above comments, also with no legal expertise in the subject matter. I would add though, whether you have permission or not, if at all possible credit to the arranger should be given just as the person who photographed it.

I'm going to take exception to others opinion on this. I do believe you have a right to photograph the display as it is not covered under any copyright laws. Your comfort levels plays a roll in this but legally it would be hard pressed for the person who put the flowers in the vase to claim you made an illegal copy of their work. On the same note you Do Not need consent to take pictures of your neighbors flowers if you are on public property when you take them.

Something handy to have on hand for all of us: Photography and Art Law

Gary,

This link was probably the best I found. http://asmp.org/tutorials/property-and-model-releases.html. It's a page from the American Society of Media Photographers web site.

pat

I contacted the Ikebono study group and was able to obtain permission for the creator of the floral arrangement, Ms Lillian Chan who has graciously allow me to use the model for personal use.

Following up to Luke's suggestion, I also offered my services as a photographer and they have invited me to visit their studio to discuss this option. Don't know what will come out of this discussion though I feel a little anxious about doing this on a professional basis and under pressure to produce something at the end of the shot. As an amateur, I can just shot anything I like and delete everything if they do not turn out the way I like but doing this on a commercial basis, one has to produce something at the end of the shot.

Congrats Gary and best of luck on the assignment. No doubt in my mind that you'll produce something both you and the client likes.

pat