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In which country is this?

 

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Posted (edited)

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Edited by Jan Brown

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24 minutes ago, Jan Brown said:

I was planning to take photos at a small festival this weekend, one that takes place annually in the local park. But I just checked the website and found the following paragraph:

 

'Any person wishing to photograph or film with a camera, video camera or mobile phone camera should respect the privacy of other Festival visitors who may not wish to appear on film or in photographs.  Whilst individuals are free to record their own visit to the Festival for their own use, the individual will not be permitted to sell any moving or static images of the Festival for commercial or other gain.

 

Please be aware it may be illegal to make recordings of activities at the Festival without the participant’s permission. For both audio and audio-visual recordings, the permission of both the participants and the festival organiser may be required.'

 

Can they really make such stipulations when the festival takes place in a public space and there is no entrance fee? I'd be grateful for any light shed, thanks.

 

I don't know the legal standpoint, but my guess is that those who are 'hosting' the event can make the rules. Thats sad though ... (be good for their own publicity for someone to tale stock/news images)

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Well my guess is that those holding the event think they can make the rules, but unless they've managed to put in place some temporary Bye-Law I can't see that they can overrule the law of the land.

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Posted (edited)
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Edited by Jan Brown
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1 minute ago, Jan Brown said:

I think you're probably right, but I can't find anything online to either confirm or disprove this. It does make me, and no doubt other photographers, feel somewhat demonised.

 

Do you have to pay to get into the festival or can anyone just turn up for free?

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I think that it is hokum. 

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Posted (edited)
6 minutes ago, Jan Brown said:

No entrance fee, no boundaries, it's just held in an area of a large park to which there is open access.

 

In that case I don't see how they can stop you taking photos and selling them. It's a public place. They might not like it or want you to but that doesn't give them any right to stop you.

 

There may be issues with audio, including the audio component of any video, for copyright reasons, but I'm guessing there. 

Edited by Keith Douglas

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Posted (edited)
7 minutes ago, Jan Brown said:

Maybe I'll email them and ask for a link to the legislation that backs up their position. I suspect it's just an attempt to control any income stream that might arise from images of the festival, a la National Trust.

 

I wouldn't. They've already said that they won't permit sale of your images. They're only going to come up with some waffle if they don't have a case, and you'll have alerted them to what you want to do!

Edited by Keith Douglas
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Edited by Jan Brown

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I wouldn't. They've already said that they won't permit sale of your images. They're only going to come up with some waffle if they don't have a case, and you'll have alerted them to what you want to do!

Well, they don't know me from a bar of soap, and I'd really like to hear what they have to say. Will muse on it.

Many thanks for all your responses. Sticky business, photography.

Edited by Jan Brown

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Here is some information regarding public and private property photos. I suppose if they charge an entrance fee they may have some say in what you can do, but I wouldn't worry too much due to their use of "should" and "could be" regarding what you can do.

 

https://photographylife.com/know-your-rights-as-a-photographer

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There are certainly restrictions in a Royal Park of course, whatever is taking place. I don't know if local councils also can impose their own restrictions on their parks generally, rather than for a specific event, but you could probably check.

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Posted (edited)
On 27/08/2019 at 21:38, Mr Standfast said:

 

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I think it's a load of nonsense. On the same festival's website it says, "The Committee owns the copyright to all photographs taken by members and volunteers of the [Festival] and any freelance photographer paid by the Committee to take photographs at the Festival."

 

As we all know, it takes more than simply saying you own the copyright in order to actually own it - a photographer has to assign copyright through a written agreement, and I very much doubt this happens with their 'members and volunteers', and I very much hope it doesn't happen with any freelancers.

 

Last year I attended a very similar event near to where I live and took photographs as a freelance - I have licensed at least one of these images via Alamy. This year I was commissioned by the organisers to photograph the event and have also uploaded some of those images to Alamy.

 

I think they are a bunch of amateurs making it up as they go along.

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Posted (edited)
On 27/08/2019 at 21:19, KFisher said:

 

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Edited by Jan Brown

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Why not ask Melksham Town Council ?

 

wim

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Posted (edited)
On 27/08/2019 at 21:27, Harry Harrison said:

 

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Edited by Jan Brown

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