Can Photographers Get Sued for Photographing Flowers?

                          

On this post, I've tried something a little different. I take a fun, satiric look at a serious subject that every nature photographer needs to be aware of. (You can access my other articles by using the Blog Archive links to the right.)
I hope you enjoy reading this as much as I did writing it. 
Please leave me a comment at the bottom if you like what you see.

                                                                      Star Witness

It’s springtime.
As usual, I’m out there looking for a few new vibrant blooms to augment my photo galleries.
While focusing on this year’s new crop, I cannot help but be reminded of a forum discussion in which I participated a few years ago. The focus of that discussion was centered around the question of whether or not photographers might be required to get signed release forms to display or sell the images of the flowering subjects they’d captured.
At first, this concept seemed unimaginable! I’d always thought anything produced from dirt, water, and sunlight was incapable of dialing an attorney, so it was fair game. Could it be possible that, while we were napping, Mother Nature had lawyer-ed up!

                                                                Have You Met Susan's Attorney?

The entire foundation of this Blog..“THINGS THAT DON’T SHOOT BACK”, is based upon the concept of photographing things that are considered “safe”…free from the hassles of release forms and litigation. It appears now that flowers CAN fire back!
…at least, legally.

                                                                            A Jury of Peers

Some valid points were addressed in that forum discussion.
It appears that “genetically recognizable blooms could be construed as protected property", and would therefore, require permission for photographers to display their renditions
 
So how can photographers protect themselves?
If God created the flower…shouldn't we have to get His permission to display it?
In the forum, it was jokingly proposed that we cut out God and His middle-men, and secure our releases directly from the flowers themselves.
Why not?? It works for people!

But what would a model release for a flower actually look like?
I contacted my lawyer friends at Potter, Gardener, & Associates and asked them what they thought.
They came up with this:

 ___________________________________________________________________________   
                      
                       Flower Model Release

This Contract, drafted by the law offices of  Potter, Gardener, & Associates, Esq., is legally binding

I (We), the undersigned, hereby and forthwith, on this day of April 1, 2015, grant conditional release of liability to the Photographer for any and all images of our immediate person (or persons), in whole or in part, to use, or to profit from same as he or she would see fit.
We consent to waive any and all compensatory award not previously stipulated, and we agree to strictly abide by the terms and provisions of this Agreement, as presented prior to signing.
We fully understand that this Contract grants conditional release for the use or uses of an image or images of our complete bodies and/or their associated parts…including, but not limited to, petals, sepals, leaves, reproductive organs, and those little prickly things that hurt when you touch them. 
This Agreement also covers photographic reproductions of our seeds, roots, stems and vascular tissues …including, but not limited to, xylem and/or phloem.
We agree to the limited use of mist bottles, sprayed into our faces to make us appear more sparkly…provided that only chemically-pure water, ranging from 45 - 90 degrees Fahrenheit (7.2 - 32.2 degrees Celsius) is implemented.
We agree to allow the Photographer to stick cold lenses deep into our most private parts, as long as this process is performed tastefully, and it doesn't damage something we might need later for procreation.
We agree to the (external) use of approved, stabilizing devices to keep us from dancing around on windy days…including, but not limited to,  wooden spikes, metal clips, twist-ties, wires, ice cream sticks, and plastic Big Gulp soda straws. 
These devices are approved for external use only! Any attempt at skewering will be deemed a violation to this provision and will void this Contract.
Other exclusions include:
*Up-rooting
*Decapitation
*Dissection
*Amputation of insubordinate leaves, petals, or other body parts deemed by the Photographer as non-photogenic

This Agreement also excludes coverage to any and all planned or incidental encounters by other species,….including, but not limited to, bees, wasps, flies, aphids, worms, ants, beetles, butterflies and their larvae.
Separate Release Forms will be required for each of these models.
(For more information, or to obtain Pollinator Release documents, contact Buzz Honeymaker, Legal Representative at the Better Entomological Education Society, 
at 1-800-944-BEES.) 

I (We) have read and fully understand the provisions of this Contract and agree to abide by its terms:
Mary Gold           
Daisy Laurel
Veronica Speedwell
Sally Dago
Jasmine Begonia
Fuchsia Farmer
Perry Winkle
Bud Stamen
Dusty Deadnettle
Dan D.Lyon
Iris Bloom
Rose Thorne
Rod E.Dendron
Lily O.Valli

______________________________________________________

This is a satiric, tongue-in-cheek interpretation of an important issue facing photographers in today’s litigious climate. We should all protect ourselves by absorbing as much credible information as we can. Success, talent and creativity are easy targets!
Many photographers will simply ignore this issue. But I, for one, will keep it in the back of my mind any time I decide to put my glass and metal to the petal.
Now, I think I’ll get off my soap box and go outside to photograph some flowers
(…if I could only remember where I put those damn soda straws).

© Bob Cammarata 2015
bobcammarata.blogspot.com

No portion of this material may be copied or used without permission