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

[gsgary]

I thought 3+4 were Ranock moor,i just wasnt too sure Im used to seeing it with Grey Sky's

Looking again 4 could be more towards Glen Coe

 

[gsgary]

And a portrait she took of me at about 70mph

 

[skieur]

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....

Sure, you can. I do it all the time, in several countries. Property is NOT copyrightable, so you certainly can profit from a photo that includes someone's building or property.

What you can't do, is take a photo of someone's red barn for example and use it to advertise a certain brand of paint without permission. On the other hand you could sell the photo to the local tourist bureau for a folder to be put out on the particular state or province.

skieur

Actually, Theres a List of Buildings Designed by Rennie Mackintosh that are Copyrighted and you need permision to sell any of the print's. There Copyrighted as they were Designed and built as art. It's a Tricky area,but as you know,like art,you cant sell on prints unless you have permission.
I've got first hand experience shooting the Rennie Mackintosh Society Building and been asked what i would be doing with the image's.

There are also a Few Private estates,Well Hundered's,that might have problems if your shooting on their property. Or if your Shooting their Property,Example being a House. There Entitled to their Privacy,So if they ask you to stop shooting,Kindly Oblige. Ive done this before,and ive been so Sweet they'll talk to me and stand with me and encourage me to take more shot's,It's turned out good a couple of times as ive got good Portraits.

The key thing to do when shooting something you think you might not be aloud to do,Is play dumb. "i didnt know,im really sorry,i'll stop right now" Stop and pack up. Dont be daring and carry on if they bugger off,it might end worse.

Scottish heritage are not so bad with their building's. But if you see a No indoor Photography Sign,Obay it also. There the worst people to Escourt you off premisis. I made a small mistake once at Roslyn Chapel by taking a Photo inside. I then emailed and asked to go back to take photo's After hours. They Ofcourse were Fine with it. I got in for Free and got to go up to the Organ Deck.Which was off limits to Public. was the best view to capture the Interior.

Well.I seemed to have Rambled on...Sorry,but it's useful stuff.its what get's me out of sticky situations

John

Oh,and if your in the Glasgow way,Pm me.Im more then Happy to show you about Glasgow

Just to point out written into the law is the fact that photography does NOT violate a copyrighted building. The building is copyrighted against someone using the same architectural plans to build a similar building.
That is totally different from taking a photo of it.

Moreover any photographer can take a photo of a work of art that is permanently located in a public place and own the copyright to that photo.
This is also part of international copyright law.

Now, if you are on their property when taking photos, they can forbid you from taking photos,....as in escort you off the property if you do so, or even possibly charge you with trespassing, but they have NO control over photos that you took, before being told that photography was forbidden, and by the way, the ONLY possible charge is TRESPASSING, which has NO relationship to use of photos.

No matter how you decide to approach the situation, you should always be aware of YOUR rights under the law.

skieur

 

[Novaman]

If you come to Canada , I would think you could take all the photo's you want ..at no charge ! I found this thread interesting as I am planning a vacation to Italy,France, England, Scotland and Ireland . I was surprised to hear about these so called laws.Does anyone know where these laws are written or are they just hear say.. I would hate to have my camera confiscated for taking vacation photo's . What next !

 

[Formatted]

I would hate to have my camera confiscated for taking vacation photo's

That will never happen in the UK, there were some problems a year ago that the police started using Anti-terrorist laws to harass photographers. The government basically told them to stop doing it and I haven't heard anyone having any problems in about 8 months!

 

[Overread]

Now, if you are on their property when taking photos, they can forbid you from taking photos,....as in escort you off the property if you do so, or even possibly charge you with trespassing, but they have NO control over photos that you took, before being told that photography was forbidden, and by the way, the ONLY possible charge is TRESPASSING, which has NO relationship to use of photos.

This might be a UK/US difference but I'm fairly sure its universal - if you pay to enter a property or even if you enter for free there is often a condition of entry that you agree to. Purchase/acceptance of a ticket is your "signature" agreement to those terms of entry and under that they can exert some control over aspects such as your photography.
For example most of the major zoos in the UK will not let you take commercial photos on their property - you can take all the private use photos you want and you own the copyright to those photos - but you cannot then use them commercially (they might also limit editorial uses I'm not sure) without permission from the zoo itself.

I would hate to have my camera confiscated for taking vacation photo's

That will never happen in the UK, there were some problems a year ago that the police started using Anti-terrorist laws to harass photographers. The government basically told them to stop doing it and I haven't heard anyone having any problems in about 8 months!

Lets be correct here the EU told them to stop it - the Government wanted to keep at it for some time before they partly gave in (and that was only because they fell apart )

 

[AverageJoe]

For what it's worth; I was in the UK last summer, including a trip up to Edinburgh and Stirling. All the big tourist sites are packed with tourists and cameras shooting just about everything. In my experience it was rare to see any "no photography" signs, even in the religious buildings/churches.

 

[skieur]

Now, if you are on their property when taking photos, they can forbid you from taking photos,....as in escort you off the property if you do so, or even possibly charge you with trespassing, but they have NO control over photos that you took, before being told that photography was forbidden, and by the way, the ONLY possible charge is TRESPASSING, which has NO relationship to use of photos.

This might be a UK/US difference but I'm fairly sure its universal - if you pay to enter a property or even if you enter for free there is often a condition of entry that you agree to. Purchase/acceptance of a ticket is your "signature" agreement to those terms of entry and under that they can exert some control over aspects such as your photography. For example most of the major zoos in the UK will not let you take commercial photos on their property - you can take all the private use photos you want and you own the copyright to those photos - but you cannot then use them commercially (they might also limit editorial uses I'm not sure) without permission from the zoo itself.

In Canada and the UK, purchasing a ticket, entering a property, opening a package etc. does NOT legally imply any agreement or contract and only a valid signature IS a signature and only if it is on a valid and legal contract. This may not have been tested in court in the US, so it may be a "grey" area until there is case law that specifically defines a contract.

Even then, contracts cannot violate legal concepts. A non-refundable deposit, for example is NOT legal, since a deposit is a down payment on future goods or services. If the future goods or services do NOT occur, then a refund is legally necessary.

A Canadian wild life place sued a photographer for taking commercial photos of animals on their property. Despite having notices, signs related to the wild life park maintaining the rights to commercial shots taken on their property, the photographer won and the wild life park lost the suit.
The judge ruled that the photographer was the first owner of copyright to photos he had taken and rules by the property owner did NOT change that.
Legally, the only recourse of the wild life owner is to escort any obviously commercial photographer off the property, but the photographer still OWNS all the rights to photos taken before leaving the property. This applies in the US as well, where no contracts have been signed by the photographer assigning his rights to the property owner.

skieur

 

[skieur]

If you come to Canada , I would think you could take all the photo's you want ..at no charge ! I found this thread interesting as I am planning a vacation to Italy,France, England, Scotland and Ireland . I was surprised to hear about these so called laws.Does anyone know where these laws are written or are they just hear say.. I would hate to have my camera confiscated for taking vacation photo's . What next !

No one has the right to confiscate your camera. It can be seized, ONLY by the police, IF you are arrested, and you CANNOT be arrested for taking vacation photos.

skieur

 

[John Mc]

In Scotland,My home land,If you Purchase a Ticket to a Museum/tourist attractions/gallery, You agree to the terms and conditions of which is stated when visiting.which can be read and explained before purchasing a ticket. So there fore, if you take a photograph inside, you will still need a release for where a "Photography Prohibited" sign or statement is displayed to shoot. Scotland isnt so bad for outside of building's, but you still need release forms to sell prints. Scotland have Different Laws then the rest of the Uk regarding Photography. You can sell prints of externals of buildings aslong as it doesent indicate where they are. Ie no address or street names,Or the name of the company. if this is displayed,a release form is needed.

I've had to sit and learn this for the past 3 weeks as part of my course requires me to shoot a comercial like shoot. so i need to write letters,emails and make phone call's to enable me to do so.