BBC podcast on photography and the law

Discussion in 'UK Photography' started by Gordon Freeman, Jun 8, 2010.

  1. Today's Law in Action on BBC Radio 4 was very interesting, covering both
    the issues of photographers right to take pictures in a public place, and
    also CCTV and the police photographing political demonstrators and the
    legal implications all round re. data protectin, human rights, right of
    privacy etc. A number of legal experts in these fields were interviewed,
    along with senior police officers and human rights advocates.

    You can get this programme as an MP3 file (podcast) from
    http://www.bbc.co.uk/podcasts/series/law

    The programme starts with the presenter accompanying an architectural
    photographer as he attempts to photograph a London office building, with
    the (by now) predictable result!
     
    Gordon Freeman, Jun 8, 2010
    #1
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  2. I forgot to mention that for listeners in the UK, this programme will be
    repeated on Thursday at 8pm on Radio 4.
     
    Gordon Freeman, Jun 8, 2010
    #2
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  3. Gordon Freeman

    Bruce Guest


    Complete nonsense!

    1. The design of a building is automatically the copyright of the
    architect, or of whoever commissioned the architect, depending on the
    architect's contract of engagement.

    2. There is an absolute right to photograph anything, including
    buildings and people, from a public right of way. The only exceptions
    to this are specific defence installations.

    3. "Security", whoever he/she/they might be, have no right to prevent
    anyone photographing a building from a public right of way.

    4. The owner of a building and/or the architect (depending on the
    contract between the two) can assert "Image rights" over the building
    which would mean that images of it can only be published with their
    prior express permission. But they cannot stop anyone photographing a
    building from a public right of way. The restriction on publication
    does not apply to editorial use such as in a newspaper, magazine or on
    a news website. Any non-editorial use requires a "Property release"
    which is always asked for by picture editors and buyers.

    As for your "20 to thirty years", I suspect you have been talking
    complete nonsense throughout your whole life.
     
    Bruce, Jun 9, 2010
    #3
  4. Gordon Freeman

    Chris H Guest

    Must be true it wus in the nudes of the world... :)
    Agreed completely. BTW most of the prohibited places come under the
    1911 Official Secrets act and AFAIK in theory still cover railway
    stations, goods yards, rail bridges and telephone exchanges.... in 1911
    the railway was the only way of moving troops and supplies any distance
    and the land line telephones were the only means of long distance
    communication.

    However you can photography anything you like from a public place
    See www.bbc.co.uk/podcasts/series/law

    they did a 30 minute program yesterday on just this issue.
    Also correct. BTW Security is a member of the public in a uniform... no
    more no less. They have no powers over that of any other member of the
    public

    BTW this is from personal experience as a Security guard (had to do
    something as a mature student to make ends meet :) and from doing real
    security for HMG

    Also backed up by the BBS law podcast cited above.
    That holds true for the UK (I more we are in uk.rec.photography) The
    "image rights" are difficult. If it is a picture of that building then
    maybe... is the building is "in the background" or just part of a
    general scene then probably not

    Sounds like it.
     
    Chris H, Jun 9, 2010
    #4
  5. Gordon Freeman

    Walter Banks Guest

    I have an interesting personal experience on this one. The NPL labs
    in 1972 was an unassuming building in Teddington. I was on the street
    opposite the main building and took a photograph (not of the building).
    It raised a security alarm in the building. It was fortunate that I was on my
    way to visit the head of the labs who extracted me and my camera
    intact.

    w..
     
    Walter Banks, Jun 9, 2010
    #5
  6. Gordon Freeman

    newshound Guest

    And, these days, civil nuclear power stations. Not that I have any problem
    with that; if you might be "casing the joint" to check on the security
    camera locations and so forth, it seems to me quite reasonable to have the
    power to check. One of the problems these days is that the resolving power
    of high-end kit is quite astonishing, witness the poor sod who was carrying
    confidential material into Downing Street which was readable in photos taken
    from across the road. But I agree it is bureaucracy gone mad when you can't
    photograph the Palace of Westminster from the other side of Parliament
    Square.
     
    newshound, Jun 9, 2010
    #6
  7. Gordon Freeman

    grinch Guest

    grinch, Jun 10, 2010
    #7
  8. ============================================================

    Apparently 'rights of way' have been frequently disappearing between new
    building developments. Paths once public are now under the control of the
    security guards...........sigh
     
    john hamiliton, Jun 13, 2010
    #8
  9. Gordon Freeman

    Chris H Guest

    No it is reasonable
    Yes.... "Most"
    Just making it a little more difficult. A Nuclear power plant is a
    target for many groups and types of organisations. Not just "terrorists"
     
    Chris H, Jun 14, 2010
    #9
  10. Gordon Freeman

    Chris H Guest

    [Private] "Security" except in a very few locations/situations have no
    more powers than any other civilian.
     
    Chris H, Jun 14, 2010
    #10
  11. I agree with this. The American style "freedom of speech" meme is useful to
    a point but beyond that breaks down. The right wing as much as the left wing
    neglect that they can be wrong or fuel disharmony.

    While I agree some jobsworths can take enforcement too far a lot of people
    for purely political reasons want to create a ruck. And, of course, the
    media like a scene because it sells newspapers.

    The information want to be free brigade are fond of quoting Ghandi when it
    suits them as much as the right reach for Ayan Rand. They neglect to quote
    him when he criticised pacifism as a cover for weakness and lack context.

    "Ego" and "enlightenment" are not the same thing.
     
    Charles E Hardwidge, Jun 14, 2010
    #11
  12. Gordon Freeman

    Chris H Guest

    However many RoW are in fact just short cuts people have used for 20-50
    or so years and are not actually RoW. We have one behind us that became
    a path 20 years ago when a drain was laid. Now due to fires and
    vandalism it is going to be fenced off and we have people convinced it
    is a public RoW and trying to stop the (re) fencing
     
    Chris H, Jun 18, 2010
    #12
  13. Gordon Freeman

    Ian Jackson Guest

    That looks like one for uk.legal or uk.legal.moderated. How long does a
    path have to have unrestricted or unopposed access to in order for it to
    become a RoW?
     
    Ian Jackson, Jun 18, 2010
    #13
  14. I think it's 25 years. To prevent it I think you need to close the path at
    least one day a year (though that's probably just a rule of thumb). At some
    point someone should ask for the path to be added to the Definitive Map so
    it would get marked as a public path on OS maps etc. I'm not sure what the
    procedure for that is, but that would be the point at which it was
    confirmed that it was indisputably a right of way.
     
    Gordon Freeman, Jun 19, 2010
    #14
  15. Gordon Freeman

    Chris H Guest

    Well we are going to block it anyway way. I and our neigbours have
    lost 3 hedges in the last 4 years and there fires in the last week.
    (apart from everything else)
     
    Chris H, Jun 19, 2010
    #15
  16. Gordon Freeman

    Chris H Guest

    We intend to. Though at one end a fence had to be broken to gain
    access... the fence was put up 10 years ago when Some drain work was
    done. So we are some way off the 20 years and it was criminal damage
    that caused the access.
     
    Chris H, Jun 20, 2010
    #16
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