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Paul Barden 
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Are you aware that Garden Roses LLC is using this photo on their rose sales page for The Prince?
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In the USA we have something called copywrite. Thanks to the efforts of the Disney Co., copywrite protection in the USA is very generous to copywrite owners.. If someone who produces a piece of intellectual property, a book, photo, etc., declines to do the work of applying for copywrite and spending the money for fees, then I do believe his or her product can be regarded as in the public domain.
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#2 of 7 posted
20 OCT by
Lee H.
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You may know more about the subject than me, but does that imply the HMF notice on every photo is useless?
“Photos are the property of and copyrighted by their contributor, all rights reserved. Downloading or use is prohibited without the contributor's explicit consent.”
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No, it does not. If someone steals content from a site that clearly displays a Copyright statement, then that person has perpetrated an Intellectual Property Rights violation. Legal actions CAN be taken.
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It is NOT public domain if the site hosting the content clearly labels it as Copyrighted material. This is done here on HMF specifically to prevent (as much as possible) the misuse of the photos provided by users. If a nursery wants to use a photo found on HMF, all they have to do is contact the author and ask permission. Few would say no. But taking it without permission is offensive, and a violation of Intellectual Property Rights.
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Agree, Paul, that few would say no to the request for utilizing a photo, it seems like the majority of the HMF members are just plain old garden folks who would be tickled to have their amateur snapshot featured in a catalog. And it doesn't seem like much effort for a nursery to reach out to make the request. Plus it seems like you are right regarding the Intellectual Property/Copyright issues, otherwise everything on the internet would belong to everyone, which is certainly not the case.
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Unfortunately, there are many who DO believe that anything published on the web is theirs to use as they wish. This entitlement has created huge problems for many creatives.
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I agree with Paul in that any nursery who wants to use a HMF photo for their commercial listing should reach out to the photographer/owner and request permission in writing, it just makes sense (independently of the copyright issue). As far as the copyright issue, I haven't looked into it enough to make a pronouncement.
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Are you aware that this photo is being used by a nursery called Garden Roses LLC to advertise sale of the variety on their web site? Perhaps you gave them permission?
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Thank you for letting me know that!
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Absolutely amazing! Thanks for sharing this info/photo.
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#1 of 1 posted
6 AUG by
Lee H.
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Its already eaten half the house...I wouldn't park my car so close!
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I'm curious - did you give Angel Gardens permission to use this photo? Because its on their web site.
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Paul, I did NOT give Angel Gardens permission. They should have asked me, but they did not.
Thanks, Elizabethspetals (Lisa Adams)
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Hi Elizabeth. I thought I should let you know about this, because I have had issues with the owner of the nursery stealing a number of my photographs and publishing on her website as well. Perhaps you can arrange to have her pay for the use of it.
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