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Commercial Property Photograph Legality

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    jcollett
    jcollett  1 United Kingdom
    9 Feb 2013 - 7:51 PM

    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

    Last Modified By jcollett at 9 Feb 2013 - 7:51 PM
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    KevSB
    KevSB  101404 forum posts United Kingdom5 Constructive Critique Points
    9 Feb 2013 - 9:53 PM

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

    jcollett
    jcollett  1 United Kingdom
    9 Feb 2013 - 9:56 PM


    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.

    scottishphototours

    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.

    Helpful Post! This post was flagged as helpful
    jcollett
    jcollett  1 United Kingdom
    9 Feb 2013 - 11:12 PM


    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
    KevSB  101404 forum posts United Kingdom5 Constructive Critique Points
    10 Feb 2013 - 12:01 AM


    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

    Last Modified By KevSB at 10 Feb 2013 - 12:03 AM
    scottishphototours

    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
    jcollett  1 United Kingdom
    10 Feb 2013 - 9:17 AM

    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
    KevSB  101404 forum posts United Kingdom5 Constructive Critique Points
    10 Feb 2013 - 9:44 AM

    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

    Helpful Post! This post was flagged as helpful
    puertouk
    puertouk  21054 forum posts United Kingdom17 Constructive Critique Points
    10 Feb 2013 - 9:46 AM

    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
    jcollett  1 United Kingdom
    10 Feb 2013 - 10:00 AM

    Thanks for the replies, very helpful.

    Jestertheclown
    10 Feb 2013 - 2:56 PM


    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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