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Just now, Jan Brown said:

Maybe, although I think the festival ought to stump up the legal evidence if they can, they're the ones making these statements, after all.

 

It looks like the Town Council owns the park. (Says Google and the Town Council's website.)

 

wim

 

 

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1 hour 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.

 

Or demoralised ...

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6 minutes ago, Jan Brown said:

I agree, but am still a bit wary. I checked and there are no images of the festival on Alamy, which I initially thought was a good thing (for me) but I'm beginning to wonder whether this clause has stopped people uploading before now.

 

Maybe because there is not much interest in it as a festival in Melksham?

 

AoA for the running year:

melksham     3
melksham train sation     1
melksham train station     1
melksham train     1
Melksham Assembly Hall     1

 

So I would shoot generic small town/park festival stuff.

(try %festival% in AoA: 81 pages @100 !)

 

wim

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27 minutes ago, Gruffydd said:

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.

 

I have heard through the NUJ that in some sports events organisers have told photographers that they could not work unless they agreed to a transfer of copyright.

 

I myself once took some photos around an old local hospital. There were no people (patients) at all in the picture, just very old buildings that will at some point be demolished. Their history will go with them. I was told by security that I could not use the images, and should not have been taking pics on private land (I always though NHS land was public property, but apparently not). 

 

It would be interesting to know your rights, Jan, if you manage to find out :) 

 

Edited by BidC
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6 minutes ago, Jan Brown said:

It really does, but will tread with caution anyway.

 

I'm from Melksham. Bunch of chancers the lot of them. 

 

they have no real way of policing their nonsensical rules, and I cannot imagine how they would want to.

Edited by Mr Standfast
typo
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The Bolton Food Festival this last weekend was festooned with signs advising the public that filming and photography would be taking place and that official photographers wearing ID could be approached and asked not to film/photograph them. No mention was made of non-official photographers, nor that the whole event was taking place on public highways. It is a slightly worrying development for the stock photographer that people in public places may be encouraged to think that they can approach a photographer and tell them not to go about their legitimate business.

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From what I've read, It's a public place open to anyone, including photographers.

 

Apparently, you don't have to pay an entrance fee or buy a ticket.

 

Therefore, don't be intimidated by their bully tactics, their restrictions are meaningless.

 

If it was me I would shoot away, and upload them to Alamy and just tick the no releases boxes.

 

Their might not be much interest in Melksham but that doesn't mean you can't get some good stock images during the day.

 

Having said that, if you do eventually make a sale or two the royalties will probably be peanuts.

Edited by Tony
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21 hours 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.

 

This is a clip from a post in another thread,  Jan. 

"Those managing photography contests, festivals, and other public-oriented events. One might expect those working for such groups to understand the laws, but I have personally encountered director level personnel in major cities, in charge of photography contests and events, that clearly did not understand the rights of photographers on public lands".

 

URL here - https://photographylife.com/know-your-rights-as-a-photographer I believe this is an American publication, but the privacy laws described seem to be the same as in the UK

 

This is a UK publication  http://fotographicimages.co.uk/about-us/privacy-policy/

 

Edited by BidC
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I've just sent this email to the organisers, should make for an interesting reply...

 

Hi, I see that you are attempting to make restrictions re photography at the event...


"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."


This is a public place and you can't stop anyone from shooting images of whatever or whoever they want, and subsequently submitting them to a photo agency for editorial press. It appears you are ill informed regarding placing such restrictions in a public place, thereby trying to prevent the freedom of press, which our country holds dear. Please amend your website, as your statements are incorrect.

For your info, I will be attending and photographing the event for editorial purposes, which I will make available to newspapers and other publishers.

I know of others who will be doing the same, any attempt to prevent me or others going about our lawful business and I will call the police and get them to explain what you are doing is illegal.

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14 minutes ago, Tony said:

I've just sent this email to the organisers, should make for an interesting reply...

 

Hi, I see that you are attempting to make restrictions re photography at the event...


"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."


This is a public place and you can't stop anyone from shooting images of whatever or whoever they want, and subsequently submitting them to a photo agency for editorial press. It appears you are ill informed regarding placing such restrictions in a public place, thereby trying to prevent the freedom of press, which our country holds dear. Please amend your website, as your statements are incorrect.

For your info, I will be attending and photographing the event for editorial purposes, which I will make available to newspapers and other publishers.

I know of others who will be doing the same, any attempt to prevent me or others going about our lawful business and I will call the police and get them to explain what you are doing is illegal.

Of course they don't know who you are, but they're now on notice that someone is on their case and you may make things, shall we say challenging, for others as well as yourself.

I might have kept my powder dry until after the event. Sometimes it's best not to stand on our rights but just get on with it.

Edited by spacecadet
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24 minutes ago, Tony said:

I've just sent this email to the organisers, should make for an interesting reply...

 

Hi, I see that you are attempting to make restrictions re photography at the event...


"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."


This is a public place and you can't stop anyone from shooting images of whatever or whoever they want, and subsequently submitting them to a photo agency for editorial press. It appears you are ill informed regarding placing such restrictions in a public place, thereby trying to prevent the freedom of press, which our country holds dear. Please amend your website, as your statements are incorrect.

For your info, I will be attending and photographing the event for editorial purposes, which I will make available to newspapers and other publishers.

I know of others who will be doing the same, any attempt to prevent me or others going about our lawful business and I will call the police and get them to explain what you are doing is illegal.

I missed that you weren't the OP.

You may now have queered the pitch for the OP and possibly others, for something you're not even attending. You might want to have a think about that.

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