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Private Purpose Only Mandate


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2 hours ago, spacecadet said:

They are not "illegally uploaded". They may, may, be in breach of contract but that's a very different matter.

 I have not broken the law at any point in respect of any of my images.

 

 

Maybe the wording is wrong.  But you get my point.

 

Jill

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Some venues have changed their policies over the years.  If I take a photo today when there are no restrictions, the venue putting a restriction on its website tomorrow cannot prevent my use of the photo taken today. 
 

in order to know whether or not an image is permitted for a particular use, one needs to know both the date on which it was taken and the restrictions (if any) applicable at that date. 

 

Moreover, contractual limitations are only effective if brought to the attention of the customer at the time the contract is entered into. It is not necessarily the case that a restriction published on a website but not referred to on the ticketed conditions of entry forms a term of the contract of entry. 
 

Graham

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10 minutes ago, Graham said:

Some venues have changed their policies over the years.  If I take a photo today when there are no restrictions, the venue putting a restriction on its website tomorrow cannot prevent my use of the photo taken today. 
 

in order to know whether or not an image is permitted for a particular use, one needs to know both the date on which it was taken and the restrictions (if any) applicable at that date. 

 

Moreover, contractual limitations are only effective if brought to the attention of the customer at the time the contract is entered into. It is not necessarily the case that a restriction published on a website but not referred to on the ticketed conditions of entry forms a term of the contract of entry. 
 

Graham

 

 

regardless, the contract we agreed to with Alamy still means you would be held liable for the defence that you were right, including Alamy's costs

 

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17 hours ago, M.Chapman said:

Some establishments, who state no photos for commercial purposes, just want to prevent photos of their property being used on commercial products (calendars, mugs, for advertising etc. which might compete with their own merchandise or exploit their property). But, they are actually quite happy/relaxed with photos of their property being used for editorial purposes.

 

Whereas other establishments interpret "commercial purposes" more broadly as applying to any photos being sold for commercial gain (to the photographer), in which case editorial stock photography is also restricted. 

More specifically, I also think that some establishments, eg. Museums don't want editorial photography by stock shooters as they themselves sell photographs/cards etc. of their exhibits to raise money and don't want competition

 

Kumar

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On 10/03/2022 at 18:46, meanderingemu said:

 

 

but on the other hand the policy also needs to be enforceable. Plenty of countries restrict all commercial activities without a permit in their National Parks.  Does that mean the picture of a Takahe i took in a NZ National Park for intent of selling without a permit breaks rules? 

Some of mine have been taken down a couple of years ago. So yes it's being policed now and then.

Because it's a cultural issue and not so much an economical thing I guess one should at least consider complying even when at the time it was not prohibited to take pictures.

Otoh I did complain when images taken inside or from the inside of Tate Modern or the Smithsonian Museums were taken down, because at the time taking pictures was in no way prohibited and sometimes even encouraged. There's no way contracts can work retro-actively. But only a few of those images were re-instated in the end.

The plaintiffs are usually also clients. Or suggesting they just might be.

 

wim

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