Going to Scotland this summer - Not sure about the law...

[Student]

I know I'll get the most beautiful pictures there but can I use them? If I shoot a picture of a Castle or a Loch or some natural scenery, will I be able to use the image if I shoot it from a public/historical site? What about grumpy old scotsmen in kilts on the main street of a small village?

Please enlighten me about scotland!

 

[Formatted]

You'll need a model / property release if you want to use it commercially.

For editorial you do you not.

Plus, they're not going to like it you stick a camera in there face and take a photo, ask first, shoot later

 

[Student]

Even for the scenery?

Does that mean if I get a great picture I can still use it in my portfolio and on my website? And of course, I always ask, I am not a paparazzi.

 

[Formatted]

Even for the scenery?

Not for scenery, depending on what part of Scotland your going to your going to see the most amazing things. Glasgow not so much..

Does that mean if I get a great picture I can still use it in my portfolio

That is editorial

and on my website

As long as you don't profit from it.

 

[Student]

Even for the scenery?

Not for scenery, depending on what part of Scotland your going to your going to see the most amazing things. Glasgow not so much..

Does that mean if I get a great picture I can still use it in my portfolio

That is editorial

and on my website

As long as you don't profit from it.

So what are the laws on shooting scenery? I am so scared to break some obscure scottish law.. Did you know that in scottland if you use a coat of arms which isn't yours and isn't registered with Lord Lyon you can go to Prison for up to two years? I can't imagine what happens to those who wear the wrong tartan...

 

[Formatted]

So what are the laws on shooting scenery?

Don't worry your not going to go to jail for taking pictures!

I am so scared to break some obscure scottish law.. Did you know that in scottland if you use a coat of arms which isn't yours and isn't registered with Lord Lyon you can go to Prison for up to two years?

Coat of arms are the old version of trade marks, so you'd be pretty pissed if someone started using yours.

 

[John Mc]

Not for scenery, depending on what part of Scotland your going to your going to see the most amazing things. Glasgow not so much..

Theres alot of Beautiful Scenery in Glasgow! you just need to know where to look! Glasgow's a Big Place,Go's right the way up to the shores of Loch Lomond.

There's old Law's,Like the Coat of arms thing,but i havent heard of anyone going to Jail for reasons like that!

As for the Fact we all walk around in Kilt's, Say that to someone in Glasgow, Be thankful if you walk away with a Nasty look. .

You can Pritty much use all Castle's and locations as part of your portfolio,Pritty much anything with an external facing. Indoors it does get iffy, Check for sign's about Photography first.

Where about's are you going to? i might be able to give you a few links to go too.

Edit: Also,If you get asked to stop by the police,play dumb,and tell them you didnt know it was against the law,and ask them where it comes under,half the time,they dont know. This is included for all of Britain but,not just for Scotland

 

[Formatted]

Also,If you get asked to stop by the police,play dumb,and tell them you didnt know it was against the law,and ask them where it comes under,half the time,they dont know. This is included for all of Britain but,not just for Scotland

No no no! Resist, film your arrest and sell it to the SUN!

 

[John Mc]

Nah, The Scotish sun see's too many Arrest videos per day to keep them happy :lmao:

 

[Student]

Not for scenery, depending on what part of Scotland your going to your going to see the most amazing things. Glasgow not so much..

Theres alot of Beautiful Scenery in Glasgow! you just need to know where to look! Glasgow's a Big Place,Go's right the way up to the shores of Loch Lomond.

There's old Law's,Like the Coat of arms thing,but i havent heard of anyone going to Jail for reasons like that!

As for the Fact we all walk around in Kilt's, Say that to someone in Glasgow, Be thankful if you walk away with a Nasty look. .

You can Pritty much use all Castle's and locations as part of your portfolio,Pritty much anything with an external facing. Indoors it does get iffy, Check for sign's about Photography first.

Where about's are you going to? i might be able to give you a few links to go too.

Edit: Also,If you get asked to stop by the police,play dumb,and tell them you didnt know it was against the law,and ask them where it comes under,half the time,they dont know. This is included for all of Britain but,not just for Scotland

I can shoot any scenery even with buildings and do with it as I please then? Or editorial only?

 

[John Mc]

I can shoot any scenery even with buildings and do with it as I please then? Or editorial only?

Yeah,Aslong as its not Profitable,your fine.
Thers a couple of buildings in Glasgow that the police dont like you taking photo's of,such as the Mod building on Argyle Street and theres a few banks there not to happy with either.

 

[Formatted]

I can shoot any scenery even with buildings and do with it as I please then? Or editorial only?

Editorial only, you can't sell or profit from a picture if it has someone else's property in it. With out a property release contract....

 

[c.cloudwalker]

Parts of the previous answers are right and others are wrong. Photo/art law can be complicated.

For example, you can profit from a photo with people in it without having a release by using it for editorial or art (as in photos hanging in a gallery and being for sale) purposes. Here's a pretty good write up on the difference between editorial and commercial use:
Photo Attorney: Commercial vs. Editorial Use of Photographs of People
Commercial use always require one for people.

Art use allows you to do basically what you want. I imagine it is because few make any money at it

I have never heard of needing a release for any kind of scenery. But some properties do require one, again for commercial use. Private property most often will require one. Most often because it depends on how big a part of the image this property is.

Now, you can use any image in an old fashion portfolio because nobody will see them besides potential clients but with modern portfolios that are part of a website, it is iffy. A website is public and if it is an advertisement for your photo business, it might be considered commercial use. In which case it is better to obtain a release.

Are you totally lost yet? :lmao:

As I said, it is complicated. Not to mention that the laws are different in different countries. For example, I was under the impression that in the UK a release is not needed *shrugs* but even if it was true, it doesn't necessarily mean you could use the image in the US without a release.

 

[Formatted]

UK a release is not needed *shrugs* but even if it was true

I wish...

 

[Student]

Parts of the previous answers are right and others are wrong. Photo/art law can be complicated.

For example, you can profit from a photo with people in it without having a release by using it for editorial or art (as in photos hanging in a gallery and being for sale) purposes. Here's a pretty good write up on the difference between editorial and commercial use:
Photo Attorney: Commercial vs. Editorial Use of Photographs of People
Commercial use always require one for people.

Art use allows you to do basically what you want. I imagine it is because few make any money at it

I have never heard of needing a release for any kind of scenery. But some properties do require one, again for commercial use. Private property most often will require one. Most often because it depends on how big a part of the image this property is.

Now, you can use any image in an old fashion portfolio because nobody will see them besides potential clients but with modern portfolios that are part of a website, it is iffy. A website is public and if it is an advertisement for your photo business, it might be considered commercial use. In which case it is better to obtain a release.

Are you totally lost yet? :lmao:

As I said, it is complicated. Not to mention that the laws are different in different countries. For example, I was under the impression that in the UK a release is not needed *shrugs* but even if it was true, it doesn't necessarily mean you could use the image in the US without a release.

Does say a tree or a lake count as property in need of a release? So art gives me a right to take pictures of anything I like and frame it in a gallery or put it in my portfolio? I am lost!