This discussion started in the gallery, but I have copied it here so more people can see it:
Nedward
on't know if you guys are aware but there is photgraphy rights issue problem with one of the UK's biggest land owner the (NT) National Trust. They have claimed rights issues have been broken by photographers using Alamy stock vendors to sell shots of NT land which is against their bye-laws. They are also rights grabbing in competitions they run.
gordon g:As I understand it, there's no problem taking images on NT land for your own non-commercial use, which would include showing them on here, in portfolios etc. If you are directly renumerated for use of an image taken of their property from on their property, then yes, technically you should have a property release from them as the landowner. Images from public rights of way are fine. I'm not sure how 'access land' areas are regarded though.
Nedward:Hi Gordon, they (NT) have been taking the stance that all photography needs permission, there's a 1965 bye-law which states this. Then when challenged by individuals they say you can on non pay to enter sites have personal use for taking photographs, but state that if you are on a public footpath (which you have identify yourself) they are OK with commercial use. So their policy isn't clear enough. Much is down to "local" level. I wrote to them for clarity.
There has been much debate round it
http://205.214.76.22/showthread.php?t=15317, this is a link to the RPS debate. I get involved in a small way arounf page 3 or 4. If you have time it's worth a look
There are a number of pro's wanting clarity as there seems to be a different response each time someone enquires. Also the Alamy issue is regarded as a predatory move to grab rights and generate income for the trust.
I'm strictly amateur so I just want to know what exactly they deem as personal use, there is an indication they don't like images on Flickr because of the Getty link. In fact they explicitly forbid all on line image databases in responding to my queries.
Cheers
Ned
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Interesting and a little worrying to say the least if the NT were to enforce copyright rigidly - although I cant see how a ban on unlicensed photographers could be enforced on their large landscape properties.
On the NT website, I found the following:
Q. Where can I take photographs?
A. We welcome amateur photography out-of-doors at our properties. We regret that photography is not permitted indoors when houses are open to visitors. The use of mobile phones with built-in cameras is also not permitted indoors.
However, at most properties special arrangements can be made for interested amateurs (as well as volutary National Trust speakers, research students and academics) to take interior photographs by appointment outside normal opening hours.
Requests to arrange a mutually convenient appointment must be made in writing to the property concerned. Not all properties are able to offer this facility and those that do may make an admission charge (including Trust members).
All commercial photography and fliming requests must be channelled through the Broadcast and Media Liaison Officer. Telephone 01793 817400.
On the NT photo library site, there is a slightly contradictory statement, but it should perhaps be borne in mind that the NTPL is a separate and commercial operation, not the actual owner of the land:
The National Trust does not permit photography or filming at its properties for commercial use or for reproduction in any form. Images taken at NT properties may not be submitted to photo libraries, agencies or on-line providers or provided directly to image buyers. Requests for access for commercial photography or filming should be directed to the Broadcast Media Liaison Officer (020 7799 4547) in the first instance..
So - anyone any firm information or opinions?