> >Glad you said it Dirk. This is an issue of private property rights not
> trademark
> >or copyright. Furthermore, if the tree is on private land but you
> shoot it from
> >the public streets, there's no problem. No, none at all. I speak here
> only of
> >the USA.
> >
Problem with the Pebble Beach cedar tree is that it's on private land with
"private" streets [motorcycles are the only vehicles that i know of that are
prohibited from buying $5.00 non-resident permits for driving around].
[sounds more like a "common carrier" to this non-lawyer's ears]
Now, I'm not sure what kind of jurisdiction they have over the beach. I do
know that in Hawai'i, all beaches are public property [to x feet from the
ocean [end of sand???, start of plants?]] and that property owners must
provide access [foot traffic] to "their" beaches.
I would suspect that Monterey Bay itself would be public "land" as it's a
national undersea monument/preserve, and perhaps that extends to the high-tide
line or some such. So, one would think that you could take the ocean-view
shot of The Tree and have legal rights to it.
[Then again, the law in america does NOT mean what you [the non-lawyer] think
it means. "It depends on what your definition of 'is' is."]
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