On the radio a couple of days ago, a Scots farmer was talking about the problems encountered by walkers (presumably including photographers) who enter a field and get mobbed by cattle, not posing any threat, but just curious or mistaking the visitor for a food delivery. This is less common now that farmers arrive on quad bikes hauling the fodder and the cattle know the sound of the bike.

The suggestion was that if you have a dog, just let it off the lead – it will run away, and the cattle will follow it instead of you. This rather goes against the signs everywhere telling you KEEP the dog on the lead.

When I first started photographing historic sites, complete with a Reliant Supervan III, I returned from Mattersey Priory (Nottinghamshire) to find the van entirely surrounded by cattle. It took some time to get back in, and the paintwork (such as it was, in faded Reliant blue) was damaged. The farmer who got them to surrender the van explained that it was the salt from the roads, but it didn’t stop them actually licking the paint off with the salt!

So, next time, remember to take your sacrificial dog. And remember that the right to roam applies to all properties other than the private curtilage and gardens of homes; if it’s agricultural land, woodland, riverside, beach, moorland and some estate parkland you are not restricted to remaining on the Public Footpaths or highways. ‘Private Fishing’, a sign often found where I’m based, does not mean ‘Keep Out’ if you are a photographer or just out walking.

- DK

http://www.law-essays-uk.com/land-law-cases-52.php

This case relates to action taken by the Trust to attempt to stop an individual from gathering whelks, tidal fishing and intertidal littoral shellfish gathering.

In fact, Strangford Lough – the principal sea entry to Belfast – is in need of protection, and has been for decades. The danger is not that littoral harvesting or shallow water fishery could damage the environment – the real problem, already causing massive damage to the sea bed by the early 1990s, has been scallop dredging in the hunt for prized Irish Queen Scallops. This practice involves scraping the seabed (a fragile sediment) and removes all life – plants, other shellfish, everything. It leaves a complete desert. But, of course, the Trust doesn’t own the deep seabed.

The fight against dredging in Strangford Lough was aided by photography (Peter Vine and others) which showed, to the world, what a desert seabed looks like. How do I know about this? Because our company designed and edited the Marine Conservation Society’s books at that time, and other books on coastal waters and the environment created by Immel Ltd, Peter Vine’s (now gone) environmental publishing house. Those books were heavily illustrated and many were about the coastline and coastal waters, or sites of special interest. Shirley designed a particularly good photographic and educational coffee-table quality book on the flora of The Burren.

Though these were commercial projects, and people got paid (how else do people eat?) no separate value could ever be assigned to the photography. Imagine an author/photographer trying to produce a natural history book with many years searching out the shots, only to find that certain plants were on NT property or certain whole landscapes were NT, and therefore – it was all not allowed or we’ll have £200 a day thank you!

Photography of the countryside, architectural heritage, flora and fauna, topography, geology, man-made works, agriculture and landscaping is vital. It shapes public awareness of the value, shows changes, alerts us. Nothing should be done – especially by the Trust – which does anything except encourage photography.

- DK

The three pictures shown may well all be on National Trust property (the beaches, unusually for any country, can fall into that category). But they are clearly not aimed at illustrating only National Trust related issues – the farmer and pig being sent out to the media (which includes my company) during the heat of the swine flu scare. Not, I think, an accident – and it’s a great shot, though uncredited to any photographer in this email shot. My use of this screen shot, for the Trust’s information, is legal under the Copyright Designs and Patents Act 1988. I am not reproducing the images per se or the design per se, but showing an image of something they have published; like a rag-out used in a newspaper, this is legitimate for the purposes of review.

I would question their policy in not crediting the photographers in such a mailshot, and just stating © of the library itself. That implies outright ownership of the images, transfer of copyright.

Here is the URL for the web version: http://www.b2bmailer.co.uk/view_email.asp?a=49443&b=612

I have been trying to work out why the Trust’s picture library effectively selling material which is not ultimately highly specific to the Trust bothers me slightly. There’s nothing to stop the NT Picture Library taking on any subject matter. Somehow this fits uncomfortably with a strictly edited roster of approved (or contracted) photographers being the only ones represented by the Trust library, and in turn no other photographers or libraries being able to market images taken on Trust property. That could well include both the beach scenes.

It’s a rather like a charity obtaining the right to exclusivity in handling secondhand clothing, so that no other ratepaying store in town can offer elegant used apparel (or compete)… and then setting out their stall with a range of brand new stuff just like Next or River Island, backed by advertising. And doing this from the rates, rents and tax benefit position that a charity shop can secure.

- David Kilpatrick

The tripod purchase came after going into the ticket/entrance area of the Cathedral, and asking the uniformed (police?) guard whether photography inside was permitted. The reply was very affirmative. So I asked whether a tripod (in several languages, from trepied to stativ and back) could be used. No problem! Go ahead!  We walked over the square, found a good small photo dealer almost facing the Cathedral, and a servicable compact video tripod with head small enough to take back in a suitcase, complete with a fabric bag.

The guard had omitted to say that the inside was full of scaffolding at the critical point before the altar, but the tripod enabled some worthwhile 12mm on full frame digital shots. Shirley, who was using a Sony A700 handheld with 18-250mm, got a surprisingly high quality Alamy-usable pix, sharp hit rate using the sensor stabilisation and no tripod, but only from well-lit areas like the Fisherman’s Chapel.

The tripod then went with us to other locations. It was accepted without question at Valdemossa (George Sand/Chopin/Carthusian monastery – monastic music, above) and the exceptional country estate and house of Sa Granja. Though working very quickly, I was able to secure views using the Sigma 12-24mm on the full frame Sony Alpha 900 which bettered anything shown in guide books or local postcards. Sa Granja, a privately owned attraction, was very quiet in November and I could have spent a day photographing many compositions of exhibits and room settings. They advertised folk dancing at 4.30pm, which we duly turned up for, but it did not happen. That was the downside of an Autumn visit.

One or two locations in Mallorca – such as the Governor’s House museum at Capdepera castle – displayed clear signs for no photography or video. There is a problem with any of the cave systems, as these ban photography explicitly. The so-called Safari Park allows photography, but most shots will be a waste of time as the setting is charmless and the animals are rarely seen against a good background. The superb aquarium of Playa de Palma does not ban cameras, nor do the gardens of L’Alfaiba. Wandering freely round the Residence hotel (ex-Virgin Group) in Deia, we were unchallenged in taking shots from its vantage points, and of the hotel grounds (sadly, in dull overcast weather).

At some of these locations, like the aquarium, we did not carry a tripod. I rely on the SSS (sensor stabilisation) of the Alpha 900 with lenses such as the 50mm f/1.4, 28mm f/2 and of course the Sigma 12-24mm which provides new views of many locations. Unsharp pictures are rare, maybe one in twenty if the 3 stops guideline for safety is followed.

We based ourselves in Can Pastilla, because it was cheap and very close to the airport, as well as being central for all the radial drives needed to reach the corners of the island. It’s a bit run-down, but much nicer than more popular resorts (it’s almost in a 1960s timewarp). From this experience, staying in Valdemossa would be the optimum (outside Palma city centre) for a photographer. It simply affords maximum day and evening photogenicity. One thing is worth reporting – if you want to get the perfect sunset at Cap d’Andratx (flagged up as the best sunset in Mallorca) then mid-November is your time. There will be a similar phase in spring. We were lucky, spending our only 30 minutes in this location after a frantic coastal road drive, precisely timed to catch the sunset behind the lighthouse (photograph by Shirley, below).

To see the results of our Mallorcan shoot, here’s our Alamy selection.

- DK

The present photographic restrictions on many heritage sites and attractions (whether private, National Trust, English Heritage, Historic Scotland or independent organisations such as the Zoological Society of London, London Underground) do not appear to be there to reduce security risk, improve amenity, protect patrimony or increase direct revenue. They seem to be enforced for perverse reasons. One of these is an institutional fear of losing control. Another is jealousy or indignation that anyone should ‘profit’ through creating a valuable work.

Both these reasons, which would no doubt be denied, can be addressed by introducing annual editorial release permits for which photographers, writers, artists, website creators, or film-makers could apply.

A reasonable fee for such a permit would be as much as a family annual membership, maybe double that – in the order of £100. Today, the fees paid for non-commercial uses of images (newspapers, magazines, websites, TV flashups, textbooks, guide books etc) are generally modest. A photographer might cover the expenses of visiting a site after three or four sales, and it might take a year for achieve that. In many cases no fees at all are paid for the use of images, the fee being based entirely on the wordage provided by a writer-photographer.

Such a permit has the benefit that it would be issued to an individual, therefore known and database logged by the organisation. That individual would also have to agree to the conditions of the permit, answering the issue of institutional control. It would also be possible, without removing the creative artist’s ability to subsist from or subsidise their creative work, to remove the objection to ‘profit’ being made.

Here’s how – not in legal language, and possibly not comprehensive enough:

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This Permit in return for the fee paid, grants the Applicant the right to publish or licence for publication, with or without valuable consideration, works portraying the property of the Grantor, created between (start date) and (expiry date). The works may be in any visual medium, writing, audio, or data recording.

No use of the works for advertising, product endorsement, company or product publicity, packaging, or for the creation of products based on the work itself is permitted. No property or model release is granted by the issue of this Permit.

No privileges are given to the Applicant beyond the normal terms and conditions of entry to property. Restrictions on the use of tripods, easels, flash or other lighting must be adhered to. Restrictions on video filming, photography of the interiors or contents or properties, access to closed areas may apply. The Applicant agrees to comply with the requests of management or staff.

All work released must include title, caption, credit, byline, metadata or other authorship and copyright information. This must include the acknowledgment “By kind permission of (the Grantor)”.

The Applicant agrees to provide copies of any such works to the Grantor, on request, for internal and Grantor’s own publication and promotional uses without financial consideration. The Applicant agrees to the Grantor licencing such works to Third Parties subject to a percentage commission or remit of fees, to be agreed prior to any such licence. The Grantor agrees to identify the Author under the terms of the Copyright, Designs and Patents Act 1988.

Copyright and Derivative Work: the Grantor reserves copyright in all artefacts, paintings, sculptures, statues, ornaments, designs, architecture, planting, landscaping at properties. The Permit does not authorise the reproduction (direct copying) of art or objects on display. The Permit allows recording of items in the setting or context only, as a Derivative Work incorporating any such items.

The Applicant must not bring the Grantor into disrepute, through actions or works, or permit the use of works in a defamatory manner. The Applicant agrees to abide by any decisions made by the Grantor relating to works produced under the terms of this Permit, which may be revoked without refund of payment made if the terms and conditions are broken by the Applicant.

Specific clause for video: the apparatus used must be operated by a single invididual. Permits for film crews, news teams, etc are separately negotiable.

Specific clause for writers and journalists: the Permit allows paraphrasing of guide books, leaflets, information signs, labels and interpretation material without further attribution. Where text is quoted directly it must be attributed.

Specific clause for artists: restrictions on the use of easels apply as for tripods. Artists are permitted to make photographic records to aid later work, and to use guide books, leaflets etc as reference.

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A permit like this works better than ad hoc photography permits. In the Czech Republic, it is very convenient to buy a lapel sticker pass which authorises your camera in museums and heritage sites – but the conditions applying are not made clear. The same goes for many churches where tripods are allowed for a small fee. The myth of Machu Picchu – or the reality of it – with $300 permits demanded of anyone found entering with a lens longer than 200mm, and $200 for tripod use, is only likely to spread to other heritage sites.

It is not just the ignorance of photographic reality which annoys the visiting freelance, it’s the assumptions made about the rewards for everyday travel photography. With fees typically around $100 per usage in most magazines and guides, and agencies taking half that, paying a $300 ‘fine’ because your lens happens to be marked 200mm whether you plan to sell your pictures or not really hurts!

There is a secondary issue to this. Technically, publication is publication whether for reward or not. Anyone who puts an image of a restricted or private property on Flickr, Facebook or their own website is publishing it. Nor does publication with a fee imply that photography is commercial; fees are often paid purely on artistic merit. Prizes and awards are given on the same basis. Many pictures of a certain place or property are not chosen for use because they show that subject. They are used because they show a certain type of subject, such as a landscape or architecture. The photographer does not earn the fee, the prize or other recognition because they managed to get a shot of X – there are probably several thousand shots of X available, including hundreds in the (commercial) library run by the owners of X.

The semi-pro freelance or the amateur contest entrant are both successful because the image is different, special, perhaps unique – the conditions, the weather, the time, the way people are placed in a scene.

For the professional shooting library stock, the image may sell just because of what it shows, and not the merits of the photography.

I suggest that if a permit was made available, it would be taken up by a relatively small group of professional and semi-pro stock shooters (numbered in tens or hundreds in the UK). A few dedicated amateurs who exhibit work, sell prints, and enter contests might fork out as well. Visiting photographers from abroad might well pay for it. I don’t think any organisation issuing such a permit would be overwhelmed by thousands of photographers, artists, camcorder users or writers.

Finally, remember that some restrictions have nothing to do with photography. Many years ago visiting Cragside, the National Trust property in Northumberland, we were asked to leave our bags at the entrance. The cameras could go in (no commercial photography or tripods allowed) but the bags were too large. Why? They had suffered thefts. People with large bags (camera or shoulder) had walked out with objects. That kind of restriction would be unaffected by any permit!

- DK

It is not connected with any specific National Trust organisation worldwide, and is not intended to pass off as such.

It is a resource for photographers who wish to show, and sell, images taken of heritage and trust-held properties, locations, gardens, architecture and landscape of merit – and to discuss the restrictions placed on such photography, provide information on camera-friendly locations to visit, permit costs, tripod bans, flash bans and anything else relevant.

Even so, it’s also here to put some mild pressure on the UK National Trust to revise policy towards freelances releasing editorial and stock photography of the kind which requires no tripods, lighting, prior arrangements, models, products on site, or special access. At present this is ‘outlawed’ or a hefty permit fee, far exceeding the likely value of any fees accruing within a generation or so, payable. What is needed is a photography permit at a reasonable annual cost (not into three figures) carrying with it a set of responsibilities and conditions.

The header photos currently displayed are unconnected with the site – they were part of the template – and I’d like to have some 850 x 200 pixel images or montages, which can have a small URL/credit line, to replace them from photographers with suitable material.

Please use the forum to get in touch. It is possible to become an author (contributor) to this site if approved by me and upgraded to the necessary privileges.

- DK