Photography and the Law..

shannensdaddy

shannensdaddy

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Darren
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Hi
I am looking for information about photography and the law in regard to Public places and private property, Privacy, Copyright etc..
Has anybody any links to the up to date information. I have googled for info but am not sure if it current/up to date and uk advice..Thanks..

regards,

.
 
The horses mouth? The copyrights designs and patents act is available online
 
Will just add that in addition to knowing the law, it's worth knowing when you are on public space or private land. The distinction is not always obvious. I do a lot of street photography and have found myself sometimes on private land unknowingly. Some shopping streets are privately owned, not just the obvious precincts and shopping centres, I always apply my own moral/common sense code too in addition to what the law says you can or can't do.
 
shannensdaddy said:
Hi
I am looking for information about photography and the law in regard to Public places and private property, Privacy, Copyright etc..
Has anybody any links to the up to date information. I have googled for info but am not sure if it current/up to date and uk advice..Thanks..

regards,

.
Click to expand...

The part about copyright is easy to remember: You take the photo, you own the copyright.

As for not being sure if it is current/up-to-date - Most websites will always show date it was created or updated, usually in small print and usually tend to be at the bottom of the webpage, but sometimes they're a bit b****r to find.

Also you can try http://www.legislation.gov.uk/
 
Major Eazy said:
You take the photo, you own the copyright
Click to expand...

Not to be pedantic (well ok yes to be pedantic)

1 - it depends on what you shoot
2 - it depends on who you shoot it for
3 - and of course you may assign copyright so its not yours then either

Pedantry aside - generally yes, if you shoot it you own copyright :)

Dave
 
shannensdaddy said:
Hi
I am looking for information about photography and the law in regard to Public places and private property, Privacy, Copyright etc..
Has anybody any links to the up to date information. I have googled for info but am not sure if it current/up to date and uk advice..Thanks..

regards,

.
Click to expand...

Photographers need to consider Copyright and then image usage. In brief (in England and Wales):

  1. You may photograph anything or anyone whilst in a public place. However be aware that some places which are open to the public are private property and hence the site owner can apply whatever rules they wish regarding photography - examples of that include schools, art galleries, concert halls, private homes, places of business etc etc. If in doubt, ask.
  2. Under law the person who takes a photograph retains copyright (unless he or she acts under a specific contract of employment or for a municipal body).
  3. Your Contract (or Terms of Business) should always contain a clause stating that you retain copyright and that any images passed to the client remain under licence, which may not be transferred to any other parties. You're free to stipulate any other usage terms.
  4. Broadly speaking, you may publish (and sell) your images freely for purposes which are considered personal, artistic, editorial, or educational. However any photographer undertaking commissioned social and domestic photography (such as portraits, weddings) will need to be aware of the fact that these clients may claim the right to privacy (see the Copyright Act, I think it's s85a). However the vast majority of social photographers have a waiver written into their Contracts, so that they can retain the right to use their work on their websites, in brochures, in marketing materials etc. Ensure clients have sight of your terms before booking.
  5. You may be in breach of the law if you publish images which are deemed to be defamatory, or which invade privacy (such as photographing people engaged in what could be described as a 'private act').
  6. It is unwise to allow your images to be used for commercial purposes without the consent of those whose likeness is prominent within the image (or their property) - commercial usage usually means to advertise or promote a business or service. This is why most stock agencies require a Release before you can submit images to them.
  7. There are no separate laws for minors (providing images of children are not indecent of course), although you may run the gauntlet of extreme parental behaviour for publishing normal photographs of children (whilst those same parents are of course publishing similar photographs of their children, and everybody else's, left right and centre).
Hope that helps. There is quite a lot of good stuff on the Internet.
 
Last edited:
Lindsay D said:
Photographers need to consider Copyright and then image usage. In brief (in England and Wales):

  1. You may photograph anything or anyone whilst in a public place. However be aware that some places which are open to the public are private property and hence the site owner can apply whatever rules they wish regarding photography - examples of that include schools, art galleries, concert halls, private homes, places of business etc etc. If in doubt, ask.
  2. Under law the person who takes a photograph retains copyright (unless he or she acts under a specific contract of employment or for a municipal body).
  3. Your Contract (or Terms of Business) should always contain a clause stating that you retain copyright and that any images passed to the client remain under licence, which may not be transferred to any other parties. You're free to stipulate any other usage terms.
  4. Broadly speaking, you may publish (and sell) your images freely for purposes which are considered personal, artistic, editorial, or educational. However any photographer undertaking commissioned social and domestic photography (such as portraits, weddings) will need to be aware of the fact that these clients may claim the right to privacy (see the Copyright Act, I think it's s85a). However the vast majority of social photographers have a waiver written into their Contracts, so that they can retain the right to use their work on their websites, in brochures, in marketing materials etc. Ensure clients have sight of your terms before booking.
  5. You may be in breach of the law if you publish images which are deemed to be defamatory, or which invade privacy (such as photographing people engaged in what could be described as a 'private act').
  6. It is unwise to allow your images to be used for commercial purposes without the consent of those whose likeness is prominent within the image (or their property) - commercial usage usually means to advertise or promote a business or service. This is why most stock agencies require a Release before you can submit images to them.
  7. There are no separate laws for minors (providing images of children are not indecent of course), although you may run the gauntlet of extreme parental behaviour for publishing normal photographs of children (whilst those same parents are of course publishing similar photographs of their children, and everybody else's, left right and centre).
Hope that helps. There is quite a lot of good stuff on the Internet.
Click to expand...

Solid summary to cover the basics, well written.
 
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