Photographers Rights

[DotNetWebs]

I have been told by other photographers (via a photography forum) that if you take a photograph of a private or public building there are no copyright restrictions on the use of such a photograph providing the photograph was taken from public property.

I have been prompted to research this now having read the post by "Bell" in this thread:

http://www.ukbusinessforums.co.uk/viewtopic.php?t=8014

e.g if Bell takes a photograph of a private farmhouse, while standing on a public road, is he free to use the photograph on a commercial website etc.?

The document that is often quoted is this:

http://www.sirimo.co.uk/ukpr.php

I would be very grateful if any of our legal experts would give their opinion on the accuracy of the above document.

Regards

Dotty

[William Wilson]

Dotty this is a link to the righs of a photographer in the UK, there is a section covering your concerns.

http://www.sirimo.co.uk/media/UKPhotographersRights.pdf

Site link http://www.sirimo.co.uk/ukpr.php

[DotNetWebs]

Dotty this is a link to the righs of a photographer in the UK, there is a section covering your concerns.

http://www.sirimo.co.uk/media/UKPhotographersRights.pdf

Site link http://www.sirimo.co.uk/ukpr.php

Hi William

Many thanks for the reply. The link you have quoted is actually the same one I put in my original post.

I was querying the authenticity / legality of the document. The fact that your are a Commercial Photogrher and have independently posted the same link has answered my question.

Thanks again

Dotty

[William Wilson]

Sorry about repeating the links, I should have read you post a little more carefully.

The law can be difficult that's why we use model and property releases to be on the safe side.

[DotNetWebs]

Thanks William

What do think about the specific question of photographing a building and using it on a website without asking the owners permission? (assuming the shot was taken from public land with a telephoto lens)

Regards

Dotty

ps Nice website BTW

[VeryMark]

This question has come up before and basically you are (probably) ok if (1) the photo is not used to imply any endorsement, affiliation or disparagement (2) the image of the building is not a registered trade mark and you aren't using the photo to create merchandise (3) if the building is copyright, its inclusion is incidental and not the prime purpose of the photo.

In a recent case, Panini were successfully sued for selling stickers of photographs of well known football players in club shirts on the ground of infringement of the copyright in the club emblems which were visible, since the inclusion of the emblem was not incidental but essential to the marketability of the sticker.

It is of course impossible to give proper advice without knowing the facts.

[DotNetWebs]

Thanks Crossguard for your helpful reply.

Regards

Dotty