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Photographers Rights

Terms

Do I need permission to take photographs in a public place?

Photographers are able to take pictures in all public places, including photos of people, for journalistic, editorial or art purposes so long as they are not harassing members of the public to obtain the photographs. Under the Protection from Harassment Act 1997, you can be prosecuted if you are threatening, stalking, intimidating or causing distress to someone to obtain their photograph.

You must also be careful that where you are shooting these images is definitely a public space, as many areas that you may think are public are in actual fact privately owned. For example, many shopping centres, museums, art galleries, public attractions, churches etc are on private land and you would need the permission of the landowner in order to be able to take pictures in these places, otherwise, it could be considered trespassing. Generally trespassing is a civil matter and so if you do not have permission to take photos the worst that will happen is the landowner will ask you to stop taking photos and to leave the property. If you refuse to do so, you may be taken to civil court and ordered to pay damages. However, trespassing is a criminal offence on railways and MOD land, so you would need to obtain permission before taking photos in either of these places in order to avoid the risk of being arrested and potentially prosecuted.

 

Do I need permission to take pictures of children in public?

Contrary to common belief, you do not need permission to take pictures of children in public places in the UK – so long as the images cannot be considered indecent – and the child’s parents cannot insist that you delete any images you have taken.

There are some occasions when having permission to take a child’s photograph can be advantageous to you if that child is easily identifiable in the image – for example, if you wish to use the photograph commercially or internationally, which we discuss further at the end of this article.

 

Do I need permission to take photographs of police officers?

In the UK, police officers are generally unable to prevent photographers from taking pictures of them or delete any digital images that have been taken of them. Under Section 43 of the Terrorism Act 2000, police can stop and search anyone suspected of being involved in terrorism and view and retain any images that they have taken on a mobile phone or camera. However, even in this instance they are not allowed to delete any images unless there has been a court order to do so. Under Section 58A, police are able to arrest someone taking photos of police offers, intelligence officers or members of the army only if they have reason to suspect that those images are being obtained to aid terrorism. If you are taking photos of police for any other reason – namely, as a member of the press, for your art or simply as a tourist, you do not need permission to do so.

 

Do I need permission to take pictures on private land?

If you wish to take pictures on private land – for example, at someone’s house or in an art gallery – you need the permission of the landowner. So if you have been hired to photograph a birthday party at someone’s house, you don’t need further permission to photograph the people that are attending that party. However, if a guest asks you to stop taking their photo, it is probably best to value their privacy and do so as if they are a friend or relative of the landowner then they are likely to be sided with over you.

The grey area is when you are taking pictures of people on private land from public land. For example, if you take photos of someone in their own home or garden from a public footpath, you are not trespassing on their land, but they may attempt to sue you for breaching their privacy.

Many galleries, museums, stately homes and theatres have blanket no-photography rules and you will need the permission of the landowner in order to freely take pictures in them. Often there will be signs up in the venues saying photography isn’t allowed or it will be printed on your ticket if you have paid for entrance. If you ignore the rules and take pictures anyway, your camera cannot be seized nor can your photos be deleted, but you may be asked to stop taking photos and you can be asked to leave.

 

Do I need permission to take close-up shots of a person?

There are two things to consider when taking close-up images of a person without their permission; are you in a public space and are you causing them harassment in any way to obtain the image? If you are following someone around and making them feel stalked or threatened in any way, then you risk prosecution. If the person is on private land then you are required to have permission from the landowner in order to avoid trespassing charges. However, as mentioned earlier, in most instances you will simply be asked to leave and if you refuse to do so, it will become a civil – rather than criminal – proceeding.

So long as you are photographing are on public land and you are not intimidating that person, then you are allowed to take close-up photos of them for editorial or artistic purposes. However, there are several occasions when it would be much more beneficial to you as a photographer to gain the model’s permission, as we discuss below.

 

What if an image I’ve taken is considered defamatory?

On most occasions, you are free to take photographs of people in public places and to publish them without their permission. However, the context in which you use their image matters. For example, if you take a photo of a young woman enjoying a cocktail in a public space with friends and use that image to illustrate a blog post about popular cocktail hotspots in your city, she is unlikely to get upset about it. Whereas if you use that same image to illustrate an article about young female alcoholics, that could be considered defamatory to her character and you risk being sued for damages.

 

Do I need permission to take pictures for commercial purposes?

In order to sell your photos to a media library or to use your photos to promote or sell products or services, you will often be required to obtain a signed model release form from any identifiable person featuring in the image. Although it is not illegal in the UK to take an identifiable photo of a person in a public place, media libraries and agencies often require you to have had permission to take the photos regardless.

 

What about if I want to sell my photos internationally?

The laws around taking photos without permission in the UK are very liberal compared to some other countries. For example, in both Germany and France there are very strict privacy laws around photography and you are required to gain the permission of any recognisable person in your photos. It’s common outside of the UK for the subject of the image to have a claim to any money made from their photo, too, so release forms are required in order to protect your profits. Therefore, if you wish to use your photos internationally – or sell them to libraries or agencies that publish internationally – you will likely need to have gained the permission of any identifiable people in the images, despite the fact that it is not required by UK law.

In general, for most editorial or artistic purposes, it is not illegal to take someone’s photograph without their permission so long as you are on public land. However, whenever possible, it may be beneficial to request the person’s permission if you know you may wish to use the image internationally or commercially in the future.

 

 

 

Copyright laws

Terms

What Is Copyright Law?

Copyright law is a legal framework that grants exclusive rights to creators and authors over their original works, enabling them to control how their creations are used and distributed. It applies to various forms of creative expression, including literary works, artistic creations, music, films, photographs, software code, and more.

Copyright provides creators with exclusive rights to reproduce their work, distribute copies, display or perform the work publicly, create derivative works, and control certain uses of their creations.

 

Who Owns The Copyright To A Photograph?

In the United Kingdom, the general principle is that the person who takes a photograph (the photographer) is the owner of the copyright for that image. This applies regardless of whether the photograph is taken by a professional photographer, an amateur, or even a person using their smartphone.

However, there are some exceptions to this rule. For example:

Commissioned Work
If a photograph is taken as part of an employment agreement or under a specific contract where the photographer is hired or commissioned to take the photo, the copyright might belong to the person or entity commissioning the work, rather than the photographer. This would need to be stated in the contract.

Employee in the Course of Employment
If an employee takes a photograph as part of their employment duties and it falls within the scope of their employment, the copyright will belong to their employer rather than the employee.

Agreements or Contracts
Ownership of the copyright can be transferred or assigned through contractual agreements. For instance, a photographer might sell or license the copyright to another party through a written agreement.

In cases where the photographer is not the copyright owner (e.g., commissioned work or employer-employee relationships), it’s essential to establish the ownership and rights through clear contracts or agreements to avoid disputes. If no contract states otherwise, the photographer is typically the copyright holder to any image or photograph created.

 

How Long Does Copyright Last?

In the United Kingdom, the duration of copyright for photography and other artistic works is determined by various factors, including when the work was created and the circumstances surrounding its creation.

For photographs and most other types of artistic works created by an individual, the duration of copyright protection is typically the life of the creator (the photographer) plus 70 years after their death. This means that during the creator’s lifetime and for 70 years after their death, the copyright in the photograph is protected.

However, if the photograph was created anonymously, under a pseudonym, or by an entity (such as a corporation), the duration of copyright is different. In such cases, copyright protection lasts for 70 years from the end of the calendar year in which the photograph was created or made available to the public, whichever is later.

It’s important to note that copyright duration can vary based on international treaties, changes in legislation, or specific circumstances. For photographs taken before changes in copyright law, different rules may apply. Therefore, it’s advisable to verify the current copyright duration for specific cases or seek legal advice for precise information, especially if dealing with older photographs or complex copyright situations.

 

What Is Fair Dealing In Relation To Copyright Law?

In the United Kingdom, fair dealing refers to the limited use of copyrighted material without seeking permission from the copyright holder under certain circumstances. Fair dealing provisions offer some flexibility to use copyrighted images without infringing on copyright, provided the use meets specific criteria. The following are generally accepted purposes for fair dealing:

Criticism and Review
Copyrighted images may be used for criticism, review, or analysis. For instance, discussing the composition, technique, or artistic elements of a photograph in an article or educational context.

Research and Private Study
Fair dealing allows for using copyrighted images for research or private study purposes. This might include utilizing images in academic papers, dissertations, or personal research projects.

News Reporting and Journalism
When reporting news or creating journalistic content, journalists can use copyrighted images to illustrate news stories, but the use should be related to the story and not infringe upon the market value of the original work.

Educational Use and Teaching
Fair dealing permits the use of copyrighted images for educational purposes. This includes using images in classroom teaching, presentations, or educational materials, provided they are used in a way that aligns with educational objectives and does not negatively impact the market value of the original work.

Fair dealing provides some leeway to use copyrighted images under certain circumstances. By understanding the accepted purposes and limitations of fair dealing, it is possible to ethically and legally utilize copyrighted images while respecting the rights of copyright holders.

 

Do You Need To Register Copyright Of An Image?

Photographers in the UK do not need to register their copyright for their work to be protected by copyright law. Copyright protection is automatically granted as soon as the work is created and fixed in a tangible form, such as when a photograph is taken and saved on a camera’s memory card or a computer’s storage.

Here are key points regarding copyright registration for photographers:

Automatic Protection
As the creator of a photograph, a photographer holds the copyright to that image from the moment it is created. No registration process or formalities are required to establish copyright ownership.

There Is No Official Copyright Registry
Unlike some countries, the UK does not have an official copyright registration system. There is no government office or database where photographers can register their copyright.

Benefits of Third Party Registration
Although registration isn’t mandatory for copyright protection, some photographers may choose to register their work with a third-party service. Registering can serve as evidence of ownership in case of disputes and might make it easier to pursue legal action against infringers, however really isn’t necessary.

International Copyright Protection
The UK is a signatory to various international copyright treaties, including the Berne Convention. This means that UK copyright protection extends to other countries that are also parties to these treaties, offering international copyright protection for photographers’ works.

 

What Are Moral Rights In Relation To Copyright Law?

Moral rights are an essential component of copyright law that protect the personal and reputational interests of creators, including photographers, beyond the economic rights associated with their works. In the United Kingdom, moral rights are granted to creators as part of copyright law and encompass two key rights: the right to attribution (paternity right) and the right to object to derogatory treatment of the work (integrity right).

1. Right to Attribution (Paternity Right)
Definition: The right to attribution ensures that the photographer is recognized as the creator or author of their work. This includes the right to be identified by name or pseudonym, and for the work to be associated with the creator whenever the photograph is used, published, or exhibited.

Importance: Attribution is crucial for photographers as it acknowledges their authorship and contributes to their professional reputation. It also helps in distinguishing their work from others and establishes their ownership of the creative output.

2. Right to Object to Derogatory Treatment (Integrity Right)
Definition: The right to object to derogatory treatment protects the photographer’s work from modifications, alterations, or uses that could be detrimental to the creator’s reputation or honor. This right allows photographers to prevent any distortion, mutilation, or modification of their work that could be prejudicial to their artistic integrity.

Importance: This right enables photographers to preserve the integrity and originality of their work. It empowers them to object to any changes or uses of their images that might harm their reputation or be against their artistic vision.

 

What Do I Do If Someone Infringes My Copyright?

Enforcement and remedies in copyright law pertain to the actions available to photographers when their copyright has been infringed upon. In the United Kingdom, copyright infringement occurs when someone uses a copyrighted work without the permission of the copyright owner, thereby violating the exclusive rights granted to the creator. Here are some option to consider if you believe your copyright has been infringed upon:

Cease and Desist Letters
A photographer, upon discovering copyright infringement, can send a cease and desist letter to the infringing party, demanding that they stop using the copyrighted work without their authorization. This letter often serves as a first step in resolving the issue without resorting to legal action and in most cases is enough to get the issue resolved.

Negotiation and Settlement
Parties involved in copyright disputes may choose to negotiate and settle the matter out of court. This may involve reaching a mutually agreed-upon solution, such as payment for past use and establishing terms for future use of the copyrighted work.

Legal Action – Civil Proceedings
If negotiation fails, photographers can pursue civil actions through the courts. This involves initiating legal proceedings against the infringing party, seeking remedies such as damages (monetary compensation for losses incurred due to infringement), account of profits (recovery of profits gained by the infringer), and injunctions (court orders to stop further infringement).

Criminal Proceedings
In certain severe cases of copyright infringement, criminal proceedings may apply. This usually involves deliberate and large-scale infringements that undermine the rights of the copyright owner. Criminal penalties can include fines and imprisonment for the infringers.

Understanding the enforcement mechanisms and available remedies is crucial for photographers to protect their creative works, uphold their rights, and seek appropriate redress in cases of copyright infringement. Seeking legal advice and understanding the intricacies of the legal process can assist photographers in effectively enforcing their rights under UK copyright law.

 

 

Terms and Service

Terms

Photography Services Terms & Conditions

Within the ensuing terms & conditions “Pixidyll.net” trading as Pixidyll.net Photography shall mean the author of the photograph or the Photographer. “The client(s)” shall be those persons or businesses who make a booking for photography services either verbally, through written request or signed contract. These terms and conditions cannot be varied in any way by the client(s) unless such conditions are expressly agreed by Pixidyll.net in writing.

 

Refund & Re-Arrangement Policy

Pixidyll.net will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied in any format.

All Single-Day Photography & Videography Training & Workshops
The fee you pay secures your chosen date and is only refundable up to 30 days prior to your booked session date. If your booked session date falls within the next 30 days then this is non-refundable under any circumstances. Should you wish to change your date to another we will always do our best to accommodate this so long as we are given more than 30 days’ notice of your booked in session date. We only ever allow dates to be changed once only.

All Multi-Day Photography & Videography Training & Workshops
The fee and/or deposit you pay secures your chosen date(s). These dates are non-refundable and non-changeable under any circumstances.

Photography Holidays
Your photography holiday booking may be cancelled at any time by giving us notice to in writing. In cancelling your booking all monies paid shall be forfeited. Should this booking be cancelled within 60 days of the photography holiday start date then payment shall still be required in full.

Gift Vouchers
You have the right for a full refund, minus any delivery fees paid within 14 days of purchase. Please note that after 14 days of purchase, gift vouchers are non-refundable under any circumstances. Bookings made via a gift voucher purchase are not changeable for any reason once booked in.

Commercial Photoshoots
A commercial photoshoot is any booking made with a business, organisation, corporation or registered charity. The fee and/or deposit you pay secures your chosen date(s). These dates are non-refundable and non-changeable under any circumstances. Should this booking be cancelled within 60 days of the agreed booking date then payment shall still be required in full.

Surf Photography
The fee and/or deposit you pay secures your chosen date(s). These dates are non-refundable and non-changeable under any circumstances.

Weddings
Your booking may be cancelled at any time by giving notice to the photographer in writing. In cancelling your booking all monies paid shall be forfeited. Should this booking be cancelled within 60 days of the agreed booking date then payment shall still be required in full.

Portraits / Headshots / Fantasy Shoots
The fee you pay secures your chosen date and is only refundable up to 30 days prior to your booked session date. If your booked session date falls within the next 30 days then this is non-refundable under any circumstances. Should you wish to change your date to another we will always do our best to accommodate this so long as we are given more than 30 days’ notice of your booked in session date. We only ever allow dates to be changed once only.



Re-Arranged Photoshoot & Course Dates

Should you need to re-arrange your photoshoot dates and have provided us sufficient notice as required and set out previously, we will accommodate a change of date once only. After a photoshoot or course has been re-arranged, this now becomes non-changeable for any reason. Unfortunately we cannot allow people to keep changing dates and blocking multiple dates out of the diary.

 

Image Copyright

An image includes a photograph, picture, design, artwork, negative, digital scan or any other item created by Pixidyll.net .

Pixidyll.net retains the rights to all images produced as part of its photography services offering. Unless otherwise stated in writing by Pixidyll.net the images produced will be granted the client(s) with an “All Purpose, All Media” usage license which means they are free to use the images in any way you desire for as long as you desire and places no restrictions upon their personal usage.

 

Unauthorised Usage

The use of any image or photograph owned by Pixidyll.net is strictly prohibited without prior consent. The Unauthorised usage of any image or photograph downloaded from this website, any download link or digital media storage device we send you will be billed at a minimum of £250.00 per image or photograph. Prior consent is only given upon completion of the required payment for any photography service or usage. Should we deem the commercial value of the usage of any image or photograph owned by us to be higher than this value, we reserve the right to charge a larger fee. By using any image or photograph owned by without prior permission you agree to these stated terms.

 

Promotional Usage

The client(s) hereby allow(s) Pixidyll.net to use any image produced for promotional purposes, including but not limited to website advertising, social media, brochures, magazine articles, sample albums etc.

cannot be held liable or accountable for malicious actions using these images by persons other than Pixidyll.net employees.

 

Force Majeure or Act of God

Should Pixidyll.net be unable to carry out the agreed services to circumstances beyond their control such as sudden illness, injury, a victim of crime, flooding etc. liability shall be limited to a full refund of any fees paid.

 

Liability and Indemnity

Pixidyll.net cannot be held responsible for any personal accidents during a photographic shoot, these are participated in at the client(s) own risk. Where work is defective for any reason, ’s liability (if any) shall be limited to rectifying such defect. cannot be held responsible for and is not liable for any claims against them due to a delay in completing the work or transit of images.

 

Booking Fee

If a booking fee is charged by and agreed by the client by payment, then this booking fee shall be deducted from the final total of any payment owed. The booking fee secures the time and services of and is non-refundable in the event of cancellation.

 

Environmental Policy

We recognise that our business activities do have an impact on the environment by way of the use of raw materials, emissions to air and water and waste generation, and strive to minimise this impact as far as is reasonably practicable.

 

Complaints

Please make any complaints in writing within 28 days of receipt of images to : This email address is being protected from spambots. You need JavaScript enabled to view it.
 

 

Website Terms Of Service

Pixidyll.net is owned and operated by . Your usage of the website is subject to the following Terms of Service, which you are deemed to accept by using the Pixidyll.net website.

 

Content & Copyright Ownership

Copyright ownership for all media and material on the Pixidyll.net website and Pixidyll.net social channels belongs to , alternatively, media and materials may be included with the permission of the owner of the rights. As a visitor to the Pixidyll.net website, you are entitled to download a single copy of any media or material for your own private viewing purposes only. No copying or distribution for any commercial purposes is permitted without our prior written consent from .

By submitting media or materials to Pixidyll.net, you confirm that you own to copyright or that you have the permission of the owner to do so. You confirm that we are not under any obligation whatsoever to use any media or materials submitted. Notwithstanding the foregoing, you hereby grant to a perpetual, royalty-free, irrevocable, worldwide, non-exclusive Licence to use, amend, crop, adapt, modify and exploit any such media or material for any purpose which we may, at our sole discretion, see fit. You hereby waive any moral rights (or any similar, related rights) which you may have in or to such media or material.

 

Information and Availability

While takes every care to ensure that all information on the Pixidyll.net website is accurate and complete, some data is supplied to by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information with the relevant parties before relying on it for any reason whatsoever.

Due to the inherent nature of web services and the Internet in general, errors interruptions and delays may occur in the service at any time due to circumstances beyond our control. Accordingly, Pixidyll.net is provided on an “as is” basis without any warranties of any kind and does not accept any liability arising from any inaccuracy or omission in any interruption of availability or inaccuracy of information.

 

Links to Other Sites

Pixidyll.net links out to many different web domains of which we have no control over. Our privacy policy covers your usage of Pixidyll.net only and you should take the time to check the privacy policy of any domain you visit other than this website.

 

Promotions

From time to time, (or carefully selected third parties) may include competitions, promotions or other offers on Pixidyll.net. Each such offer, competition or promotion shall be subject to its own terms and conditions.

 

General

It is possible that from time to time Pixidyll.net shall publish materials or information that may offend certain people. We recommend that such people do not visit the website any further in order to ensure continued offence does not occur. No responsibility is taken for any offence caused.

Nothing in these Terms of Use shall restrict or exclude any liability that has to any party. These Terms of Use shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any disputes arising in relation with Pixidyll.net.