21st October 2010, 01:58 PM
From Urban75:
From reading the original article, I don't think they are trying to claim all copyright, just commercial rights. So if you have a photo on Flickr under a non commercial creative commons licence, then that is not affected.
In terms of legal standing, from the Urban75 quote it would appear that EH are within their rights to stop people selling images as long as the photo is taken on the land EH manage. I would guess this also means you could quite happily sell photos of Stonehenge if you took them from the road.
I don't agree with the EH stance, but I think it's worth considering it in the context of the cuts and Jeremy Hunt's statement on the EH this morning:
Taking tighter control on the selling of image rights would appear to fall quite neatly into the 'self generating income' bracket.
Quote:Property owners have no right to stop people taking photos of their buildings, so long as the photographer is standing in a public place (e.g. the road outside).
It is also not an infringement of copyright to "take photographs of buildings, sculptures and works of artistic craftsmanship that are permanently situated in a public place or in premises that are open to the public"
However, if you're standing on private property and the landowner/occupier objects, then they have every right to request that you stop immediately and ask you to leave if you refuse.
From reading the original article, I don't think they are trying to claim all copyright, just commercial rights. So if you have a photo on Flickr under a non commercial creative commons licence, then that is not affected.
In terms of legal standing, from the Urban75 quote it would appear that EH are within their rights to stop people selling images as long as the photo is taken on the land EH manage. I would guess this also means you could quite happily sell photos of Stonehenge if you took them from the road.
I don't agree with the EH stance, but I think it's worth considering it in the context of the cuts and Jeremy Hunt's statement on the EH this morning:
Quote:We also want them [EH] to strengthen their fundraising capacity and increase self-generated income.
Taking tighter control on the selling of image rights would appear to fall quite neatly into the 'self generating income' bracket.