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Are there any laws/guidelines about what images you can sell ie if I take a picture of a countryside pub, do I need the permision of the landlord to sell the pictures? How do the laws/guidelines relate to people etc.
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I asked Stewart Gibson of the BFP to comment. Here's his view, "There is no specific requirement to obtain permission or releases for pictures intended for general editorial use, and especially not for subjects that are only incidentally included in a picture.
"With buildings there should be no need for permission. With people the position is more complex, but generally it is only when a person forms the main subject of the picture, or has actually posed, that model releases are recommended.
"Releases are, however, always required if pictures are likely to be used for commercial advertising or promotional purposes (though with the same criteria as above - that it only applies to those featured as a main subject). This why you will find that picture libraries often insist on them.
"If you require more information and advice on topics such as this you should consider joining the Bureau of Freelance Photographers. For details e-mail firstname.lastname@example.org, or see website at www.thebfp.com."
If you are seriously interested in Feelance work, beit photography or writing then I would strongly
advise you to go to the authoritive source. It is all there in the Sationery Office publication title, 'Copyright Design and Patents Act 1988'
Or, you may be lucky enough to pick up an out of print guide by 'Blackstone' which is very comprehensive. I can't think why it is no longer printed but you may be able to get hold of a photostat copy. Best wishes, Stan L-B.
You may have problems with organisations like the National Trust who expect you to pay to 'professionally ' photograph their property.
The Trafford Centre wanted 500 before I could take photos for stock agencies.
I visited my old home, an isolated cottage in the middle of the Llanberis Pass recently to photograph it for my personnal webpage. The woman who was collecting the camping fees was adamant that I should pay to photograph it!
I understand that the Eiffel Tower is copyrighted and permission is required to sell images of it in France and even a tree in the States is copyrighted.
The current article on 'Candids' has many pictures of unposed subjects, but where they are clearly the main focus of attention. Presumably a library would want model release but does this apply to pictures posted on the internet ?
The main picture libraries want model releases but you may get away without one by using one of the smaller picture libraries that have not been taken over by Getty or Corbis.
I would think the chance of anyone seeing a candid photograph of themselves on the internet is very rare. But there is always a chance and in todays climate of litigation, if the subject can prove that the photograph has caused "hurt feelings", then you might find that you are being sued.
The likelyhood of this happenning is very rare indeed.
Further to my mutterings earlier. The Writers' &
Artists' Year Book for 2003 has just been released. At 12.99 yearly, I consider it a bargain.
It contains up to date information on all aspects of Copyright and other necessary information for the Freelance beit, writing, art, or photography.
No, I do not have shares in the production company! Any good bookshop can order it for you.
Best wishes. Stan. L-B
as far as I'm aware it is not illegal to publish any picture taken on public property, its when you get into the realms of private property you have problems. Hence the outside of your pub, taken from the road is ok, the interior will need permission from the owners, and in some cases (NT etc) a fee.
However,for news and portfolio purposes(including personal websites), when you do publish a candid picture be very careful with the caption as this is where the litigious can have a field day. And obviously you can never use a candid for advertising(endorsement) purposes without permission
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