Anyone any idea on the legal position of pictures taken on NT land in Scotland?
We have been assured that pictures in England taken from Rights of Way are fine, but there is no directly similar concept in Scotland, where in effect the public have the right to roam pretty much anywhere.
http://www.outdooraccess-scotland.com/upload/Full%20Access%20Code.pdf
Recently I took some pictures while on local land owned by the National Trust. I did not park in their car park, there was no entrance fee, I did not pass any signs containing terms and conditions which I could be deemed to have accepted. I took some pictures (and walked my dogs) and left.
The Outdoor Access Code specifically allows commercial photography:
Section 2.9
Access rights extend to activities carried out commercially or
for profit, provided that these activities could also be carried on
other than commercially or for profit (ie by the general public
for recreational purposes or for educational activities or for
crossing land). For example, a mountain guide who is taking a
customer out hill-walking is carrying on a commercial activity
but this falls within access rights because the activity involved
– hill-walking – could be done by anyone else exercising access
rights. The same would apply to a canoe instructor from a
commercial outdoor pursuits centre with a party of canoeists.
Other examples would be a commercial writer or photographer
writing about or taking photographs of the natural or cultural
heritage.
Can therefore the NT have any legal leg to stand on if they attempted to prevent publication of such photos for editorial use?
Cheers
Bri.
