Liability question reprise Community gardens are always claimed by the city to be theirs when the city runs them and by the community when the community runs them, but often they would not exist at all no matter who claims to run them if it were not for the members mutual respect and trust. In gardens where people are just renting their little plot from the city or county and going home with out saying even a howdy to their neighbour who would care if a picture were taken, permission wpould seem an excessive step, but the who would want to? Why take a picture if the community connection is a trivial part of the experience at that garden?
In gardens where the growing of the veggies is matched by the growing of the community there is a need to respect all the various ways that people come to feel safe in the world. A garden is one of those safe places for many. The word "public" can be used too loosely and the word "private" too strictly. I think of churches and other sacred spaces as non-photo zones without consent before and after. many of my friends from traditions like N'Amerind, Druid, Wikken etc consider gardens sacred spaces. It is from my point of view the act of asking which is the community step. It seems essential to continuously renew relationships from different angles as situations like photos arise. Assuming that because there are legal grounds that allow photos taken on public land to be taken does not mean that they won't sue anyway from some other surprising direction. Contracts to join community gardens often have a whole list of things that are directives to consider your neighbour in the garden. They often have blanket statements to that effect or imply that there is an attitude expected within the garden of members towards each other. In this case photos without permission would violate the spirit if not the letter of the contract. This topic has come up many times before in many groups that I have been involved with. Its surprising who cares passionately so its a bomb that will go off if you try to short cut around people. People might not sue but they can quit on mass, demand that you be expelled, it can split the garden into camps or you can have your camera thrown into the lake with you to follow! good luck! ~ robyn ________________________________ From: Cordalie Benoit <[email protected]> To: Enid Mastrianni <[email protected]>; [email protected] Sent: Wed, June 1, 2011 8:51:12 AM Subject: Re: [Community_garden] Photos I am not sure this advice applies to pictures of children. ----- Original Message ----- From: "Enid Mastrianni" <[email protected]> To: <[email protected]> Sent: Wednesday, June 01, 2011 8:24 AM Subject: [Community_garden] Photos > Hi, > > There is no expectation of privacy in a public place, so there is no need for >consent forms or protection from liability when taking photographs of people >in >a public place. It gets a little more complicated when it comes to what you >are >using the pictures for, though. If you are using the images for educational or >editorial purposes, no need for consent forms or risk of any kind of >liability. >But, if, for example. the Scott's Miracle Gro company wanted to use the image >for an advertising campaign, then you would need a model release or consent >form. I take pictures all the time of people at our community garden and post >them on our facebook page and a selection of photos I took will also be >featured >in an exhibit at our library and for those uses, there is no risk or need to >get >permission from the subject. > > Enid Mastrianni > Glen Falls NY > -------------- next part -------------- > An HTML attachment was scrubbed... > URL: ><http://list.communitygarden.org/pipermail/community_garden_list.communitygarden.org/attachments/20110601/536eb84f/attachment.html> > > _______________________________________________ > The American Community Gardening Association listserve is only one of ACGA's >services to community gardeners. To learn more about the ACGA and to find out >how to join, please go to http://www.communitygarden.org > > To post an e-mail to the list: [email protected] > > To subscribe, unsubscribe or change your subscription: >http://list.communitygarden.org/mailman/listinfo/community_garden_list.communitygarden.org > _______________________________________________ The American Community Gardening Association listserve is only one of ACGA's services to community gardeners. To learn more about the ACGA and to find out how to join, please go to http://www.communitygarden.org To post an e-mail to the list: [email protected] To subscribe, unsubscribe or change your subscription: http://list.communitygarden.org/mailman/listinfo/community_garden_list.communitygarden.org -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://list.communitygarden.org/pipermail/community_garden_list.communitygarden.org/attachments/20110601/cee56daf/attachment.html> _______________________________________________ The American Community Gardening Association listserve is only one of ACGA's services to community gardeners. To learn more about the ACGA and to find out how to join, please go to http://www.communitygarden.org To post an e-mail to the list: [email protected] To subscribe, unsubscribe or change your subscription: http://list.communitygarden.org/mailman/listinfo/community_garden_list.communitygarden.org
