Comments on: UK Photographers Rights Guide v2

By: Linda Macpherson

Linda Macpherson — Fri, 03 Feb 2012 16:39:38 +0000

In what respect, Hannah? The Data Protection status would not change, insofar as if the processing of personal data fell within the “special purposes” exemption, it would remain within the exemption even if the work was sold.

As I said, privacy law is a difficult one to predict because it is continually developing. But if the right to privacy was not infringed by the display of the work in a gallery, then it would not be infringed by the sale of the work to a collector. The UK courts have so far based findings of infringement of the right to privacy on the publication of an image, not on the taking of it. The exhibition of the work is arguably a wider publication than the work would have in the hands of a collector. The factor of there being a commercial sale of the work, or that the photographer profited from it, is not particularly an issue here. Privacy actions in the UK are brought on the basis of an action for breach of confidence.

By: Linda Macpherson

Linda Macpherson — Fri, 03 Feb 2012 01:26:04 +0000

A Simon has pointed out, it depends on the terms of the royalty-free licence; these differ from one site to another. The concept of royalty-free is that a single licence fee gives you the right to use the image (or whatever) with no further royalties payable for future use. But the licence can restrict the actual use – making and selling prints of the image is not permitted under the royalty-free licences with which I am familiar. Printing the image onto items for sale, such as post cards or t-shirts, usually isn’t allowed either. But, in short, it depends very much on the individual licence.

By: Hannah Wilmshurst

Hannah Wilmshurst — Fri, 03 Feb 2012 01:10:41 +0000

Would this status change however if Michael’s work was to be brought by a private collector?

By: admin

admin — Wed, 01 Feb 2012 12:34:54 +0000

Any stock site has it’s own license agreement. For iStockphoto please read this page http://www.istockphoto.com/help/licenses

By: Positions of a camera that can be construed as anti-social or indecent · David Kennard Photography

Wed, 01 Feb 2012 10:21:34 +0000

[...] you are interested in your rights to take photos in the UK, there is a good guide available here: UK Photographers Rights Guide v2Share this [...]

By: Philip Corcutt

Philip Corcutt — Tue, 31 Jan 2012 22:00:49 +0000

Linda,
Please can you give me clarification on what RF photos from sites such as iStockphoto really mean? Does it mean that I can reprocess, reprint and resell the photo many times? Also I have a friend who would sell me his photos direct but is unsure what a RF contract would entail. Can you help?

thanks,
Phil.

By: UK Photographers Rights v2 — Royalty Free Stock Photography by Simon Moran Sirimo.co.uk | Tim Bird

Sun, 29 Jan 2012 19:31:13 +0000

By: Michael Docker

Michael Docker — Sat, 28 Jan 2012 00:17:49 +0000

I’m very grateful to have that issue clarified. Now I feel I can pick up the project again. Thank you.

By: Gordon Harrison

Gordon Harrison — Fri, 27 Jan 2012 11:46:36 +0000

Hello Linda,

Thank you for that very helpful response, and for the generous giving of your time and expertise in this column, hugely appreciated.

By: Linda Macpherson

Linda Macpherson — Fri, 27 Jan 2012 02:36:05 +0000

Hello Gordon,
Though other jurisdictions very in their laws relating to this, at present in the UK a person does not have image rights in his property. It could be an infringement of a person’s right to privacy if you were taking photos through a window, for example, but a photograph of a building, taken from a public place, in such a manner as the photograph you have linked to, will not be an infringment (not yet, anyway!). There could be potential legal problems if, as you say, the images were to be used for advertising or promotional purposes (such images would probably also fall foul of the CAP Code in those circumstances).

If publication of an image that includes a person’s property were actionable, Google Street View could not operate in the UK. Hence, the landowner is correct that you are legally entitled to sell the photographs. Whether you choose to comply with his request as a courtesy is up to you.