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Please vote for a picture of Liberty

Posted by steve_mass 5b (My Page) on
Fri, Jan 27, 12 at 11:18

I've got two photos that I think are good. The first is Wendy's Liberty with the name tag edited out. The second is UK's Liberty with some cropping and edge blur. Please indicate which of these you like. If you would prefer a different photo to the two I have posted, please post it in this thread and indicate your vote for that picture. I'll give this thread a few days then email the photo to Garden Web.

Wendy's Liberty
Wendys Liberty

UK's Liberty
Photobucket

Thanks,

Steve


Follow-Up Postings:

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RE: Please vote for a picture of Liberty

My vote is for Wendy's Liberty! Although I love both pics!
Mary


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RE: Please vote for a picture of Liberty

i have it blocked.. so i dont recall the size ..

but with my trifocals.. the one with blurred edges bothers me .. i keep moving my head to bring it into focus ... and i wonder.. if the size is reduced.. if the blur would seem even worse ...

w/o that.. either is peachy ... ken


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RE: Please vote for a picture of Liberty

Perhaps we should look at them in the size they will be on GW?

tj


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RE: Please vote for a picture of Liberty

Good point TJ. Here are the three pics (Mountain Snow, Wendy's Liberty resized, and UK's Liberty resized).

Mountain Snow
Photobucket

Wendy's Liberty
Photobucket

UK's Liberty
Photobucket

Steve


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RE: Please vote for a picture of Liberty

I vote for Wendy's pic


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RE: Please vote for a picture of Liberty

Both are great.

I prefer the point of view of the first one, Wendy's best. However, the color of UK's is outstanding.

My favorite is Wendy's, for the point of view, as if your walking in her garden.

Beverly


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RE: Please vote for a picture of Liberty

Someone mentioned blemishes, etc about one of the pics on the other discussion. When it is reduced, I think it diminishes these issues. Don't know if this is similar in size to the others.
Hosta 'Liberty'

Paul


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RE: Please vote for a picture of Liberty

Look at Steve's posting with the three approximately sized pictures. This Mountain Snow picture shows crisp leaves. Wendy's Liberty picture has a lot of smaller leaves, not a larger leave you could really enjoy. The other fuzzy picture I do not like.
Here is Papou's Liberty :

Photobucket
Bernd


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RE: Please vote for a picture of Liberty

Here's Papou's Liberty without the text notes and resized to about the same as the others.

Papou's Liberty
Photobucket

Steve


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RE: Please vote for a picture of Liberty

Tough call, they are all beautiful but I think Papou's is my fave.


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RE: Please vote for a picture of Liberty

1 papou
2 wendy
3 uk

bkay


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RE: Please vote for a picture of Liberty

I thought I'd update Steve's side-by-side pix with a collage of all the posted photos for comparison. (I did edit UK's to a closer crop to edit out the other plants, and cropped the plants & sidewalk out of Papou's photo...hope you don't mind, Steve. I can post those edited photos separately if one of those are chosen).
Photobucket


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RE: Please vote for a picture of Liberty

I'm going to refrain from voting, since I am not an old hosta
hand.

However, I like to see the whole plant, as if it were a "sticker" and not a real close up. It would look more complete and natural and not like it's been cropped.

So IF I were voting, it would be between
Don R
Wendy
Papou.

Without other plants around it to reflect SIZE of leaf, they could all be big.

Every picture up there is great, with the UK looking like green fire, almost moving off the page, same with Steve's shot.


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RE: Please vote for a picture of Liberty

All of them are gerat pic's,which makes it hard to pick one.
So here's my picks,
1. Steve
2. Papou
3. Wendy
Have a great day
Gary


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RE: Please vote for a picture of Liberty

this is hard.. because its dependent on every persons computer screen colors ...

but i vote for the one that has the truest colors...

and on my monitor ... that would be steve or uk [w/o the fuzz] ... from the post 3 above ...

and i am really irritated i cant find my pix ... well i found some.. but i swear there were more ... whats that all about ...

anyone willing to resize them.. if any are good enough for the vote ... wish the hat wasnt in that one pic ...

ken
Photobucket

Photobucket

Photobucket

might be a favorite
Photobucket

Photobucket


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RE: Please vote for a picture of Liberty

Thanks, Ken.

Here's UK's Liberty without the edge blur.
Photobucket

Here's one of Ken's pics resized.
Ken's Liberty resized

If you want to rate the pics 1, 2, 3, 4, 5, as others have done, feel free to do that.

Steve


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RE: Please vote for a picture of Liberty - collage

Here's a collage of the pictures being considered.
Photobucket

Thanks for your input.

Steve


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RE: Please vote for a picture of Liberty

1. Ken or Papou-I think Ken's color may be more true to life. At least it looks most like mine.
2. Wendy
3. UK

That said, they are all wonderful examples.
Cynthia


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RE: Please vote for a picture of Liberty

They are all wonderful pictures of a beautiful hosta. However my preference would be to honor Papou and use his picture. Robyn


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RE: Please vote for a picture of Liberty

I like Wendy's pic best but think it would be great to use Papou's to honor him.


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RE: Please vote for a picture of Liberty

You want to show leaf design, not a lot of leaves of which you can not distinguish the design very well.
I vote for Ken's!
Bernd


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RE: Please vote for a picture of Liberty

I vote for Wendy's. Phil


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RE: Please vote for a picture of Liberty

hey bernd ... where do i send the $$$ ... lol

ken


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RE: Please vote for a picture of Liberty

I like UK hostaman's after being cropped, and without the blur. My second best would be Papou's IF the color was corrected so the edge wasn't so green and if the picture was made brighter.


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RE: Please vote for a picture of Liberty

The dark background setting off/contrasting with the leaves has me voting for the color adjusted Papou pic (thanks ctopher).

tj


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RE: Please vote for a picture of Liberty

Hi folks. Glad to check in and nice surprise to see this is being done. It is all about Papou. I like the angle of his picture, like you were right there looking down at it.
Also it was his favorite and he is the one who got us all hooked on it.

Papou all the way.

Betty


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RE: Please vote for a picture of Liberty

I vote for Papou's .

Dan


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RE: Please vote for a picture of Liberty

do we just steal/appropriate his pic ...

or do we find someone with authority to get permission???

ken


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RE: Please vote for a picture of Liberty

While I think it would be the courteous thing to do, I don't think it's required. The pic was in a public folder on Photobucket and has been posted on the forum.

According to GW's policy FAQ.
"By submitting, posting or otherwise providing User Provided Content to the GardenWeb Network on or after January 24, 2006, you grant the GardenWeb Network a continuous right to use this material."

According to Photobucket's terms of use any photo in a public folder is fair to use by any Photobucket user:
"You are also giving other Users the right to copy, distribute, publicly perform, publicly display, reproduce and create derivative works from it via the Site or third party websites or applications (for example, via services allowing Users to order prints of Content or t-shirts and similar items containing Content, and via social media websites)."

Still it would be polite to ask. Does anyone know who to ask?

Steve


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RE: Please vote for a picture of Liberty

Still it would be polite to ask. Does anyone know who to ask?

===>>> presuming his wins of course...

someone must own the public folder/ PB acct .. i never tried to send myself an email to my own PB acct.. but one would think there is such a mechanism ...

i am still holding out for victory ... lol

ken


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RE: Please vote for a picture of Liberty

By copyright law, the moment of creation in any form is automatically copyrighted by the creator. Copyright technically is not required to be on the photo or other creation, it's automatic until atleast 50 years after the person's death, at which time it becomes part of public domain. As a website owner, it infuriates me when people steal my photos. Battle ensues. Making something public for people to enjoy the view, does not make them public to take anymore than it does off of any other website. My advice is to contact the family and get permission.
Cher


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RE: Please vote for a picture of Liberty

Or simply use Ken's.


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RE: Please vote for a picture of Liberty

If the vote results in selecting Papou's picture, here's a link to his original address that was shared back in 2009. I tried to find his wifes name (it was originally on his website), however I had no luck.

Here is a link that might be useful: Papou contact info


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RE: Please vote for a picture of Liberty

I choose to honor Papou. The adjusted picture is almost perfect!

All of the pictures are great. I swore not to buy another hosta this year. But, this array of enabling has convinced me that I cannot go on without Liberty. Even Patrick Henry would agree.


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RE: Please vote for a picture of Liberty

I wasn't going to vote, but harryshoe's brilliant post convinced me otherwise. For the scant handful that don't know their history, Patrick Henry famously said: "Give me Liberty or give me death!"

Papou would have loved all of this.

Steve


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RE: Please vote for a picture of Liberty

Papou's wifes name is Therese Seguin, cannot remember the son's name.


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RE: Please vote for a picture of Liberty

I vote for Papou's Liberty, if there is a change in the Garden Webs Winter Snow picture


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RE: Please vote for a picture of Liberty

I vote for Papou's Liberty with the color adjusted by ctopher on 1/28. Nance


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RE: Please vote for a picture of Liberty

OK, it's pretty clear that the majority of people want the picture of Papou's Liberty with the color fixed as Chris W. posted it. The Photobucket terms of use clearly states that other Photobucket users have the right to use any photo that is in a public folder. If you don't want your Photobucket photos used, then click the little box that says "private" for your folders.

I'm comfortable going ahead with this. I'll explain to the GW people where the photo came from and they can make their own decision. I'll keep the forum informed as I deal with GW on this. Thanks everyone for voting. Thanks especially to those who put forward such great pictures of Liberty. I think any of them would have been great to have at the head of the Hosta forum.

Steve


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RE: Please vote for a picture of Liberty

Please read the following page from photobucket. No one can give authorization for anyone else's material.

Here is a link that might be useful: Photobucket copyright


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RE: Please vote for a picture of Liberty

I believe you are wrong. Read this:

"If you make your Content public, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to copy, distribute, publicly perform (e.g., stream it), publicly display (e.g., post it elsewhere), reproduce and create derivative works from it (meaning things based on it), anywhere, whether in print or any kind of electronic version that exists now or later developed, for any purpose, including a commercial purpose.
You are also giving other Users the right to copy, distribute, publicly perform, publicly display, reproduce and create derivative works from it via the Site or third party websites or applications (for example, via services allowing Users to order prints of Content or t-shirts and similar items containing Content, and via social media websites)."


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RE: Please vote for a picture of Liberty

I think you better read the url I sent. Let me verify I did web design for years and know about this. I also have contacted google for stolen content from my website, they will delete from search anyone using someone else's content if they don't remove it. You are probably reading an old page. You can also read copyright laws on the web. I sent you the link to read published on photobucket, which was published 8-12-11 This is law. Copyright is owned by the creator period.


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RE: Please vote for a picture of Liberty

I read your link. It seems very clear to me that Photobucket treats content in public folders differently from those in private folders. When a user puts a photo in a public folder you are giving Photobucket and its users permission to use your photo. Otherwise Bernd, and Wendy, and Chris and my posting of Papou's picture would be illegal. But these postings are perfectly fine according to the Terms of Use. I'm not reading an old page, and I'm not disputing who owns the original content. I'm just restating what the Terms of Use are.

When a photo is posted to a public folder the owner of that photo is giving Photobucket and its users permission to repost and use that content. It seems very clear to me. You can disagree, but I believe you are mistaken. In any case, Garden Web can make up its own mind. I will tell them how the photo was acquired.

Steve


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RE: Please vote for a picture of Liberty

I hope you do as the only one wrong here is you. The link I sent was just updated a few days ago. It's a shame when people think they can just take what they want.


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RE: Please vote for a picture of Liberty

Has anyone tried to contact Papou's family? I agree, it would be best to get permission from them to erase any doubt about it.

I really hate to get in the middle of the copyright dispute, but I don't think the photobucket terms for a public folder would hold up under copyright law, but I'm also not an attorney so I don't know for certain. When in doubt, always get permission. I've also had numerous pictures of mine re-used online, once even in a hosta auction, and it is always a bit of a shock when I see that done. I don't really care that much, though credit would always be nice, but the one time I got really upset was when someone put their own name with the copyright symbol across one of MY pictures.

If we can't get ahold of Papou's family, then at the very least there should be a copyright credit given to Papou below the picture if they still decide use it.


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RE: Please vote for a picture of Liberty

Papou's Member's Page is at this link which provides a means to send an email. I believe his contact info incl. address and phone number can be accessed at this link.


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RE: Please vote for a picture of Liberty

I just search the web again and found an old post with Papou's son Eric's email. Hopefully this will make it easy to request permission.

Here is a link that might be useful: Link with Papou's Son's email


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RE: Please vote for a picture of Liberty

It has taken me a long time. I concur with the use of Papou's picture. Liberty is such a beautiful hosta I just had a hard time eliminating any of the pics. I love them all and I can't wait for mine to grow up.

Les


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RE: Please vote for a picture of Liberty

I worry that if we try to present a photo to Gardenweb that may have a copyright or permission issue, they may just say "forget it" and keep the current photo. Then all this will have been for nothing!
We have so many other lovely pictures of Liberty, why don't we (just to be on the safe side) go with the next highest voted picture?


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RE- Please vote for a picture of Liberty

I just realized I never voted... I pick Wendy's picture, it is framed so beautifully and the Liberty really stands out.


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RE: Please vote for a picture of Liberty

  • Posted by babka 9b NorCal (My Page) on
    Thu, Feb 2, 12 at 12:38

UK's works for me! I have loved Liberty ever since it first appeared on the cover of the Hosta Journal.

-Babka


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RE: Please vote for a picture of Liberty

I like Ken's pic since it shows the beauty of the leaves up close.

I took this one at Hornbaker Gardens last year. I thought about cleaning the mess off of the leaves but felt weird about doing that in a garden that wasn't mine.
Liberty


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RE: Please vote for a picture of Liberty

I really don't care that much. I thought Wendy's was almost as nice. However, if no one wants to contact Papou's family, I will. My guess is they would be honored.
If it was my Dad's photo, I would give permission. Let me know and I'll do it.

bkay


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RE: Please vote for a picture of Liberty

bkay,

Go for it...let us know if you're able to make contact with them...I personally feel it would be a wonderful and appropriate tribute to Papou to have his photo of Liberty at the top of our forum page. I just hope that GardenWeb will accommodate our request.


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RE: Please vote for a picture of Liberty

bkay,
I've tried both email addresses. The one for Papou's son bounced back to me. The GW one didn't, but it seems as if no one is monitoring the GW account, so I'm not surprised that there was no response. The phone number is not in service. I'm sending a snail mail letter today, but I'm not holding out hope for that to work either. I have sent a clarification request to Photobucket, but have not heard back from them yet. Before I approach GW with Papou's photo, I want to be able to document our right to use it.

Steve


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RE: Please vote for a picture of Liberty

They are all beauties. I vote for Papou's.


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RE: Please vote for a picture of Liberty

I can not imagine why Papou's family would not love to have his beloved Liberty as the only hosta picture on top of the GW Hosta web page. It is in Papou's honor! Let's do it!
Bernd


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RE: Please vote for a picture of Liberty

I vote for Papou's.


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RE: Please vote for a picture of Liberty

Here's the response I got from Photobucket about fair use of Papou's photo of Liberty. It is followed by my initial email asking for clarification of policy.

Discussion Thread
Response Via Email (Photobucket Customer Support) 02/08/2012 02:01 PM
Hello.

In a nutshell, it is ok for you to link public content to your site.

Thanks for checking!
Photobucket Support

Customer By Web Form 01/31/2012 12:37 PM
According to the Terms of Use, content that is posted in Public folders can be used by other users. Here's the quote: "You are also giving other Users the right to copy, distribute, publicly perform, publicly display, reproduce and create derivative works from it via the Site or third party websites or applications"

Members of the Garden Web Hosta forum (who are also Photobucket users) are attempting to use a photo that was posted in a Public Photobucket Folder by a former member of our forum. The former member is unfortunately, deceased. We are attempting to honor this member by using a photo of his on the opening page of the Hosta forum. I believe that this is allowed according to the Terms of Use published on 9/22/11. Please let me know whether or not I am correct in this interpretation.

Thanks,

Steve

I have also sent a postal mail message (return receipt requested) to Papou's family but have not heard anything. It is possible that they are in Florida as someone suggested. That may be why the phone is not in service also. In any case I am going forward to GW with the information that I have. If they turn down my request, I'll wait until the summer and try contacting his family again.

Thanks all, for your help and patience with this.

Steve


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RE: Please vote for a picture of Liberty

Steve what they are saying is that it is ok to LINK to the photo as has been in this discussion by copying his html code. They are just linking to his photo as they discuss it. Which technically is still considered hot linking by google and other search engines, which is linking and using someone ele's bandwidth and not right, but not taking the photo and using it as GW's own so I am glad you are checking with his family which is the only right thing to do.
Cher


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