Questions Submitted

This is the current list of questions that have been submitted and moderated.  Readers can rank questions by using the voting buttons on the right hand side.  For reasons of space, we will from time to time remove questions that have not been selected or where issues are duplicated.

You can submit questions here.

1. Rating: +10

   

   I took a photo of someone in the parade at the nottinghill carnival. their face is easily recognisable. I couldn't get a release because obviously they were in the parade! can i sell this image?

2. Rating: +9

   

   I think Phil covered this in episode 2. Is it possible you could give a more in depth verbal scenario of how to deal with a confrontational police officer should you be stopped in the UK? Including what you should do if you are not getting a response. e.g. take officers number etc. Quote legal section about not being allowed to delete photographs etc. Also, if you are taking a photo of a public building, say Nelsons Column (example). And an officer does stop you for a search. And you agree, no problems. And then they ask you to move on (which they often do) What is the correct response. Move on? Or stand your ground saying it's a public building. What's the best thing to do? Many thanks Dave

3. Rating: +4

   

   What should you do if someone uses your photo without permission.

4. Rating: +6

   

   I want to sell licences for people to use my images for things like brochures, posters etc. Is there a standard contract I can tailor? What considerations are there around what to include in the contract. I do not want to pay a lawyer to draw one up for me.

5. Rating: +4

   

   do you need a model release for street photography?

6. Rating: +3

   

   In case of Stop/search how do I know the person(s) who stop me are actually copy? Am I entitled to ask for ID?

7. Rating: +7

   

   Am I right that in the UK images can only be legally deleted by a 3rd party (e.g. Police etc.) once a court order has been obtained. If so (given that there are software utilities out there to recover such deleted files) should photographers stand back and allow Police, PCSOs, security guards or even members of the public to unlawfully delete images that you have taken? What realistic legal action can a photographer take against those (either at the time or after) who act unlawfully in this way. Is it, as one website I have seen claims, a form of assault?

8. Rating: +3

   

   Are model release forms needed for free giveaways? I know you can get in trouble for selling an image of someone without their consent for profit. But what if it's a free give away? Like on the cover of an information leaflet, or in home made postcards or to friends as one of those photobooks?

9. Rating: +0

   

   From Justin - Who can use my pictures: when, where, how etc, and what is the price correlation with the use?

10. Rating: +4

    

    I have a question regarding release forms either for models or property. In the scenario where a shoot takes place and the photographer has had verbal confirmation that it is ok with the model/property owner for the images to be used but the photographer (for whatever reason) doesn't obtain a signed release form at the time, are there any legal implications to getting a release signed retrospectively? assuming the images have not yet been published. Stephen (Glasgow)

11. Rating: +3

    

    What are the legal requirement on a private venue to be able to claim ownership of all photographs taken on site? In particular, I am referring to amateur track day events. I have noticed small print on the back of tickets claiming rights to any media created on site. Is this lawful? I assume as a condition of entry that it must be, but it is not made clear in advance, only if you read the 'small print'. Could these companies then come after individuals who have attempted to sell photographs taken - to the individuals within the photos!

12. Rating: +2

    

    from Ramin: In Finland the ombudsman has stated that photography is an expression of freedom of speech and thus can only be limited by specific laws. Is there any knowledge on how the EU (and thus member states) are considering this issue? This could have significant impact on issues on where you can photograph etc. It must also be noted that even though taking an image may be permitted, publishing it may not be.

13. Rating: +2

    

    From Kevin - Over the years I have attended MTB races, MotorRaces and Horse Events. These pictures include people but as it was an event with perhaps 100's of people I haven't got model releases. If I want to sell these images for cards, posters or advertising can I? Or do I need to try and track down the person or people in the photo. One photo I took 15 years ago of someone I used to know. I tried to get back in contact through the team he now races for but with no luck. Would this be enough to say I tried to gain the right to publish before doing so?

14. Rating: +0

    

    From Chris - I recently been given regular freelance work from a company as well as having a salaried photography job. Each job is invoiced direct to the company i'm freelancing for. However i am unsure what i have to do regarding tax etc. Do i go self employed or do i have to inform HRMC that i am earning extra money? I don't want to get stung at the end of the year!

15. Rating: +0

    

    Please can you tell me what is the legal status of taking photos of animals? Do you need a model release for animals from the owner? Can you legally take photos of say a cow in a field from public land the same as a building without requiring permission?

16. Rating: +2

    

    Question from AJ about model releases. Can you point me to where I can find a good UK model release form? There are loads on the web, but I don't know how to tell a good one from a bad one. Also, most of the web assumes that you live in the US. Presumably I need a slightly different release if I'm photographing children? Thanks! :)

17. Rating: +2

    

    What makes you a professional photographer in the eyes of the law, Regards, Adrian

18. Rating: +2

    

    If a company use one of your photographs on an internal website or within internal promotional material with out your permission can you claim compensation for the use, or is it a case that you can only ask them to take it down?

19. Rating: +2

    

    Contestants at Public festivals and public beauty pageants: I have a lot of these. And have had offers from magazines looking for articles with these types of photographs. Do I need model release forms for public festivals, and public beauty pageants?

20. Rating: +1

    

    Dave - It seems that photographers are increasingly being asked to provide a 'building release' or 'property release' if they want to take/sell photos of buildings etc.. Is there any legal basis behind this? Most of the justification for asking for these releases seems to be something along the lines of 'just to be safe', but the question I have is 'just to be safe' from what??

21. Rating: +1

    

    From: Paul You've talked a couple of times now about your rights when a police officer (or official) requests you to erase your images. I understand that there should be no reason for the images to be erased, whether you are in the right or wrong. What happens if the officer believes you are in the wrong and excepts that the image is evidence of your wrong doing, and therefore should be preserved? Does the police officer then have the powers to confiscate your memory card in order for the images to be used as evidence? Or can that only happen if your charged with an offence? I've never been, or expect to be, in this situation but it would be useful to have the knowledge of the full process and rights. Regards, Paul Duncan

22. Rating: +1

    

    What are reasonable actions that a photographer can take at the time of being challenged/ordered to prevent deletion of images (besides stating that there is no legal basis to justify deletion) or after images have been deleted perhaps forcibly. If force is threatened/used should a photographer stand back and allow deletion or stand his/her ground? In addition if force is used by Police/PCSO/security guards or members of the public, what action can be taken given that one website I have seen states that it constitutes assault? Regards Chris Westcott

23. Rating: +1

    

    How does one 'get into' submitting pics to a subscription based online image library, such as Getty? What sort of images are accepted? What kind of ballpark return could you expect to get on each image sold? Keep up the good work on the podcast! Regards, Ian Rendall

24. Rating: +1

    

    Hello ~ really useful podcasts, many thanks for sharing them. I have an article that may have some potential mileage for you, there basics are here, happy to explain further by email or phone (07753351523) though I am away until the end of the week. I am President of Cardiff Camera Club, but I contact you in a personal capacity as I draw your attention and hopefully seek your support to a campaign that is fast developing a head of steam amongst amateur photographers. Many local camera clubs, like Cardiff, affiliate themselves to a regional representative body or "federation". In Wales, Scotland and Ireland the regional federation also fulfils the function of a national federation. Those federations in turn affiliate to the Photographic Alliance of Great Britain and provide an opportunity for individuals to achive photographic distinctions of CPAGB DPAGB and MPAGB. The national federations including the PAGB also affiliate to FIAP for the primary purpose of providing a route the the distinctions of AFIAP and EFIAP. The rules for FIAP distinctions are set by FIAP who recently introduced new rules that apply from 1 January 2010. FIAP however permit national representative bodies to add their own "REASONABLE national requirements" and this is my reason for contacting you. 75% of the national bodies impose no additional requirements, however the UK national representative bodies have agreed amongst themselves in best cartel fashion that an applicant for a FIAP distinction also needs to have won an award with one of their images. So it is possible that a photographer could have over 100 acceptances, considerably in excess of the AFIAP requirement of 30, but a UK federation would REJECT the application even though FIAP own requirements of the award had been fully met. Worse still, none of the federations are willing to put the matter to their members for discussion and have not produced any evidence on which to base their increased requirements. Their constitutional "power" by which they make their decision is, in some cases, also questionable. Clearly the problem lies with FIAP themselves for permitting national bodies to impose their own requirements but the blame must lie firmly with the national bodies for exercising that prerogative and imposing requirements that are questionable. A campaign against the UK requirements is now underway and growing ~ we could do with the support of yourselves (or at least a mention in your magazine) and of as many camera clubs and individuals as we can. A website has been developed at www.fiaprules.co.uk and it goes live on 1 September 2009, and we wish to draw it to the attention of as many amateur photographers in the UK as we can. We want them to consider:- # signing up at the FIAP rules ~ UK?? website to be kept up to date with the campaign and demonstrate their personal support # persuading their camera club to join our campaign and exchanging links with our website kind regards Martyn Pinches AWPF www.fiaprules.co.uk

25. Rating: +0

    

    FROM: Paul Clark in Margate, Kent I came upon your website via Google, I look forward to listening to your podcasts at the weekend in the garden! My question... I recently photographed a couple of ladies on horses which I am very proud of. It got me thinking. Both the riders and I were on a public bridleway. Am I correct in assuming that this is not 'a public place'? And as such a model release form would be required for any images taken on public footpaths or bridleways that were to be submitted for public distribution?

26. Rating: +0

    

    You continuously mention the inability of a police officer to delete pictures from a digital camera. Is there any law that stops them confiscating the memory card? Jason

27. Rating: +0

    

    What can you do if some in another country uses your image without your permission? for example someone in india? how can you claim damages.

28. Rating: +0

    

    From Paul - If, having taken a candid photograph of someone in public, I approach them and ask them whether they'd be prepared to sign a model release form and they then refuse, am I obliged to delete the image or simply not to publish it? Secondly, on the format of digital images question, I shoot Raw with my Sony Alpha (ARW files) and when importing to Lightroom convert to the Adobe DNG format for compatibility reasons. I heard that Raw files are admissible in court as documents (timed & dated etc) whereas Jpgs are not. Is that different if I have converted my files from native Raw to Dng before archiving or sending them Recorded Delivery to myself? I suppose I want to know whether I'm better backing-up the original Raw file before converting or whether keeping the Dng doesn't disadvantage me legally.