Know. DO you know what it is. Everybody copy and prints photos they find online don't they. If the photo was posted by just a regular person it would not have copyright because it would cost them to much just for a plant picture it would not make sense to copyright it.
I assume you're referencing my reply in this thread. a) copyright is automatically associated with a photograph the moment the shutter is clicked b) please don't mistake my concerns expressed in that thread with defense of the concept of copyright. My main concern is that you have permission to use the photograph, because if you don't, that potentially places the garden in legal jeopardy. PS If I knew what the plant was, I would have answered it.
Daniel is quite right. You only have a patent if and when you register it - and you only have it in the countries in which you register it - but copyright is something that, under Canadian law at least, you have automatically without anything being registered anywhere.
I am confident that this is US law too, but I am in regular communication with lawyers in Nevada and Texas and Washington who will be able to tell me if I am right in so thinking.
Research copyright and WIPO -- copyright extends across borders, though each countries has minor variances. However, the core concepts remain the same and are applicable everywhere.
From my understanding, as soon as you send the picture electronically, as long as the program or website you are using doesn't automatically claim rights to the photo (aka photobucket, read the fine print!) that is what is considered "copyrighted" photographs. So, if you are taking a photo from another website, without permission, then you are in direct violation of copyright laws....From my understanding! (That's in the US) However, it's been years since I debated this, so I could be terribly misunderstanding the whole thing!
