From: "Bob Blakely"

> This can be a fuzzy area. Apparently the photographer was on private
> property and the photos were taken of that same private property;
> further, it appears that the photographer did not have permission
> from the owner(s) to even be there, let alone take photographs. Now,
> had he taken the photos from public property where what he
> photographed was easily visible to the public, the College of
> Charleston Foundation would generally have no legal standing.

Dixie Plantation is open to the public.

If you travel to Charleston and the SC low country, you can go to Dixie 
Plantation and see the avenue of live oaks for yourself. Charleston's 
tourism people will happily help you find your way there.

And because the property is open to the public, you could, in fact, take 
pictures of the live oaks and not trespass even though you are on the 
private property.

And, since the photographs are lawfully obtained, you can lawfully use 
them, i.e. you can sell prints.

The images could not be used commercially for advertising without a 
property release, but that is actually the advertiser's problem.




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