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Alistair Scott

Another attack on photographers

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Once again, the freedom to take photographs in public places, and use them as you wish, is under attack.

 

If this Bill goes through the European Parliament, architectural, travel and street photography would be killed stone dead. For example:

 

On the “freedom of panorama” principle, such as the right to create and share images and photographs of public buildings, the text cautions that the commercial use of such reproductions should require authorization from the rightholder.

 

That appears to mean, for example, if you wanted to sell a photo taken on the street you would have to get the permission of the 'rightholder' of every building shown in the image.

 

If you're concerned by this, please sign the petition here in an attempt to stop it.

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In Europe, is "commercial use" inclusive of simply selling prints?

 

In many jurisdictions around the world, "commercial" use is use that endorses or promotes a product or service, so the selling of prints sans endorsement/promotion of any description is NOT "commercial use" . . .

 

dd

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English copyright law makes no distinction but it would obviously affect damages.

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English copyright law makes no distinction but it would obviously affect damages.

 

. . . a definitive statement that isn't quite as definitive an answer to the questions I (and the OP) raised, in reality . . .

 

The OP's point is actually about the "right to panorama" principle, not copyright. Look closely and you'll see he/she specifically mentions commercial use and then juxtaposes that against (not) being able to "sell a photo" . . .

 

Now, "commercial use" certainly IS a factor of UK law when it comes to what you can and can't do with photographs of Parliament Square and Trafalgar Square (for example), copyright notwithstanding.

 

So I'm still curious about what in "Europe" (and indeed, in the UK) legally constitutes "commercial use"--specifically, is the selling of prints "commercial use" as suggested by the OP?

 

dd

Edited by dustydingo

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The Man in the Street or perhaps even the Man who Owns the street probably simply regards Commercial Use as making money from the photo in any way. The niceties of Editorial or Commercial Promotion is quite a leap for most. But of course, that's what deeply concerns us. If the EU goes ahead with this, French photographers (for example) might get 'round this my lodging their snaps with UK or American libraries. I once had a French Chateau owner come after me for offering pix of part of her estate on a UK stock site, but she didn't push it. But she did accuse me of "Commercial Use" even though it had not been actually published. After I told her it had not (yet) been published I never heard from her again.

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English copyright law makes no distinction but it would obviously affect damages.

 

. . . a definitive statement that isn't quite as definitive an answer to the questions I (and the OP) raised, in reality . . .

 

The OP's point is actually about the "right to panorama" principle, not copyright. Look closely and you'll see he/she specifically mentions commercial use and then juxtaposes that against (not) being able to "sell a photo" . . .

 

Now, "commercial use" certainly IS a factor of UK law when it comes to what you can and can't do with photographs of Parliament Square and Trafalgar Square (for example), copyright notwithstanding.

 

So I'm still curious about what in "Europe" (and indeed, in the UK) legally constitutes "commercial use"--specifically, is the selling of prints "commercial use" as suggested by the OP?

 

dd

 

Trafalgar Square has a byelaw referring to photography for a commercial purpose which may or may not cover stock. It certainly hasn't stopped me or anyone else submitting pix of Nelson's Column.

When commentators refer to the UK having "freedom of panorama" I believe that they must be referring to copyright, if obliquely, specifically s62 of the CDPA.

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The Trafalgar Square byelaw was really aimed at licensing those blokes (sorry, I can't ever recall a female operator,but there may have been) who took your photo with a dozen or so pigeons sitting on your arms & shoulders as you fed them peanuts or nuggets of bread. I always thought it a harmless enough enterprise & strangely charming, but outlawed long ago. I think we can thank Ken Livingstone for that. Back in my days as an art school student, I remember being asked if I had a permit to use my little fill-in flash over on the far side of the square.

 

It's always been one of those places with it's own rules.

 

As to this Panorama restriction proposition, I despair!

Edited by Robert M Estall

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Wikipedia founder Jimmy Wales joins the protest.

 

http://www.theguardian.com/commentisfree/2015/jul/03/sharing-photos-freedom-of-panorama

 

The commercial/private aspects of this are not at all clear. But it's yet another restriction on photography in public places and will, doubtless, be seized upon by various officious jobsworths when we're going about our lawful (we hope) business.

 

Sign the petition!

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As I understand it, this is the last day that you can sign the petition before the vote. I would suggest that it is in most people's interest (on this forum) to do so.

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Thanks Wim, great news.

 

I've just caught sight of the longer thread in the Ask the Forum section.  Was concerned that people had not responded when clearly they had!

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The petition had more then half a million backers!

546,517 supporters

 

No wonder the stock business is so overcrowded. 

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