Saturday, 18 September 2010

Photographers Rights

So, a quick update to my last post about Event Photography. Having taken my shots and having set up my sales site, I was almost instantly emailed by Pedal For Scotland's repreentatives telling me that as I had no licence to take images of their event, I was in in breach of copyright. They asked me to take my images down and wanted to know how much I had made ( I think they wanted recompense).

I was shocked. I had no idea I needed a licence. I couldn't see how my original images were a breach of copyright. But they are big and I am small, so rather than have a fight on my hands, I removed my images and let them know it was too early for me to get any sales - once removed though I got over 90 people visiting my site in the space of 9 hours, looking for images I could no longer sell them!!! How frustrating and professionally embarrassing!

So we came to an arrangement amicably and I was suddenly in a situation where my efforts had counted for nought. I have since been thinking about this and doing some research.

I did not copy anyones photos, I took images in a public place of a publicly available event. So no copyright breach. I did not have a license to take images for Photo For Scotland. No. But I did not need to have a licence to take photos for myself and market them as my photos of a public event. I was not claiming to have the official souvenir images. I did not NEED a licence. So in other words I have been bluffed and brow beaten. Am I going to do anything about it, I could conceivably sue for loss of earnings... but... this was a charity event. My hope is that the official photographer is at least giving some if not all of the proceeds to charity. I do not need battles like that this early in my attempts at event photography BUT I do want to put it out there that photographers do not NEED to back down to the big boys.As far as I can tell you are within your rights to take photos in any public area unless you are threatening national security or there is a specific legal reason prohibiting you.

I have included here a link to an excellent website run by the director of Photography for iStock, which is one of the worlds biggest Stock Photography companies ie a company that wishes to protect freelance photographers. The site has a Q&A section with legal advice. Excellent!

If you are looking to do Event photography, my advice is:
1) Know your rights!
2) Contact the organisers and get permission to photograph AND sell images of their event- you may have to pay a licence fee but if so you should get an official pass to the back stage areas. Communication is the key here, it is poilte and it keeps everyone on side.
3) Start small. Photograph events where the organisers will see you as a friend that will help them promote their event, not see you as a rival.
4) Foster good will - if you take images one year, give the organisers a few prints for their next years advertising. It costs you nothing and goes a long way to giving you the edge in future.
5) Go out and enjoy it - it's great fun!

2 comments:

  1. Hi Andy, I think you've been had here! I've asked for clarification on the NYIP forums. Pop over and add your tuppence worth if you don't mind.

    Bryan.

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  2. Thanks for the support Bryan. I was going to comment over on NYIP forums but the thread has been locked! Hmm. seems to be a very emotive subject.

    In the end the reality is I was definitely within my rights to take the photographs. It seems that in some countries I would not be within my rights to sell them. How it applies in Scotland, I can't be certain, but either way, if you are a small photographer, you can easily get bull dozed by the big boys. The lesson from this is to contact the event organisers in advance and seek permission.

    I've learned the lesson and hopefull this will help others in a similar situation.

    Andy

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