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Commercial Property Photograph Legality


jcollett 1 5 United Kingdom
9 Feb 2013 7:51PM
Hi Folks,

I was wondering what the legalities were regarding selling or having some commercial gain of commercial property photographs in the UK, I have 2 scenario's:

1) A sports stadium
2) A distillery

If any of these were to be sold via a shop or internet would the photographer need to get a waver/release from the property owner? Also does it matter if they are only in the background if you do?

Regards

JC

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KevSB 10 1.5k 5 United Kingdom
9 Feb 2013 9:53PM
What we need to know is, was the pictures taken from public land, property or private.
jcollett 1 5 United Kingdom
9 Feb 2013 9:56PM

Quote:What we need to know is, was the pictures taken from public land, property or private.


Hi KevSB,

They were taken from public land.
9 Feb 2013 10:41PM
Taken from public land they are perferctly legally sold as commercial images as long as no trademarks or names are visible. Though the inclusion of a trademarked name itself does not constitute breaking the law, you'd find that many libraries would prefer a more generic image to avoid possible legal action based around the incluson of the tradename.
jcollett 1 5 United Kingdom
9 Feb 2013 11:12PM

Quote:Taken from public land they are perferctly legally sold as commercial images as long as no trademarks or names are visible. Though the inclusion of a trademarked name itself does not constitute breaking the law, you'd find that many libraries would prefer a more generic image to avoid possible legal action based around the incluson of the tradename.


In these cases then both would actually feature the property name, so I would be infringing their copyright then I guess?
KevSB 10 1.5k 5 United Kingdom
10 Feb 2013 12:01AM

Quote:Though the inclusion of a trademarked name itself does not constitute breaking the law, you'd find that many libraries would prefer a more generic image to avoid possible legal action based around the incluson of the tradename.


That covers it perfectly, not much can be added to that, altho it may help in telling us in what way you wish to use them, eg picture agency, private sales ect
10 Feb 2013 12:36AM
Yeah, a distillery that has a name painted on it ( like Bowmore) also has a tradename and so would be unlikely to be used as a generic shot of a distillery for commercial use. The same shot, if used to illustrate a news story of an incident at the same location would be perfectly ok.

It depends on the image usage basically...
jcollett 1 5 United Kingdom
10 Feb 2013 9:17AM
Thanks for the replies. I was planning on using the images on a personal website (to sell them) when I get round to setting it up. I have various images, it's the ones of the distilleries that I'm more concerned about as in some they are the main subject and in others they are in the background but you can see the distillery name clearly in them, I'm a bit confused with the above two replies, if I have interpreted them correctly I can't sell them for personal gain?
KevSB 10 1.5k 5 United Kingdom
10 Feb 2013 9:44AM
Its very simple, Taking the photos is Legal, so having them is no problem, Using them to illustrate a story, For example" this is the Bowman Bruwery in high street is fine, Using them on here or your own websites to illustrate your photography is fine as again its non comercial.

But if you sell the images with the brewery as the main subject Then it becomes comercial and the owners of the brand could object to it being used this way when it clearly dislays there brand, That is why most agencys wouldent use it.
If its part of a cityscape and just one building amongst many then the brewery woud have to prove that they had an intrest which would be difficult.

Thats my Understanding of it, Im sure if ive got it wrong someone will clarify
puertouk 3 1.1k 17 United Kingdom
10 Feb 2013 9:46AM
You would need to go to the distilleries and get written permission to do it. They should agree, as this would be free advertising for them.
jcollett 1 5 United Kingdom
10 Feb 2013 10:00AM
Thanks for the replies, very helpful.
Jestertheclown 6 6.6k 242 England
10 Feb 2013 2:56PM

Quote:You would need to go to the distilleries and get written permission to do it. They should agree, as this would be free advertising for them.

I don't think so Stephen; that's not how I understand it and seemingly neither do the others posting here.

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