Nikola Smolenski wrote:
Cary Bass wrote:
teun spaans wrote:
While on holiday in Italy i took some pix of plants in a botanical garden. There was no admittance fee, it was publicly accessible.
Can i upload the pix of the plants I took there, or does the owner of the botanical garden has some form of ownership?
This is not to say that the botanical garden doesn't claim restriction on the use of images taken within its walls (in my experience, non-commercial clauses are the norm). In fact, such restrictions are quite commonplace for botanical gardens, zoological parks, and many other facilities. This should not be mistaken for a claim of copyright; and at most they might do is deny you access to their property in the future.
Actually, I think that a botanical garden could claim copyright on plant layout or somesuch.
I think the word you are searching for is "topiary". And it definitely is an art.
I'm not aware that this has ever happened, however, and of course panorama freedom would apply. Also not a problem when photographing individual plants, unless they are [[living sculpture]]s.
It would be amusing if panorama freedom would apply to topiary, since the whole point of topiary is the creation of panorama pleasing to the aesthetic sense.
Yours,
Jussi-Ville Heiskanen