Legal Question?

[BigDave]

I've taken a few pictures of a local building, they're quite good and I'd like to sell them, if anyone will buy them!! Do I need permission from the building owner or anything like that?

Cheers

[Pgcc93]

As long as they were taken from a public place you can do what you like with em.

[BigDave]

As long as they were taken from a public place you can do what you like with em.

That's great, thanks.

[Apollo]

Be careful, and be sure the place they were taken from was truly public, and not within the grounds of the building or owned by the owner of the building.

This happened to a friend of mine recently, who only posted the images on the web as part of his galleries - i.e. not for profit or even remotely commercial.

His reward for this crime was to receive lawyers letters threatening legal action if all the images were not removed.

He removed the pictures.

His reward for doing this promptly was follow-up (twice) from the local constabulary, with no official action, but the threat of confiscation of all his digital cameras and computer equipment. All subject images, and the discussion were removed from the web as a result.

For reasons I hope are obvious, I won't publish any details in open forum.

[glasgowken]

Can you tell us a bit about the type of building, as the police got involved i'm assuming it was millitary ?
Surely private companies can't get the police involved for just taking photos of a building ?

[Apollo]

Not military, entirely a legal/criminal issue, and a 'rich' landowner using the maximum extent of the law to protect his privacy, and a private individual who didn't dare get involved in the cost of fighting.

You may not enter private land or the land inside a gatehouse or apound a residence without permission, and taking photographs just compounds the offence. Note that is different from the right of access to public land granted by the Scottish Open Access Code. Yes, we are in the fine detail of the wording, but the code is not a carte blanche to go anywhere.

I grudge giving him any publicity, but since it's needed to make some sense of the scenario:

http://www.kames-castle.co.uk/

He has also been in contact with people such as myself, demanding that we remove older or out-of-date pictures of the place from past years, as they don't reflect favourably on its current condition.

Have a look at his Terms & Conditions for anyone staying there, and see what conditions he imposes should you be fortunate enough to meet someone you want to bring back to you cottage.

[glasgowken]

Amazing, well at least I won't make the mistake of staying there.

I'm shocked the police got involved, I would have complained about that part at least. What possible excuse would they have to call ?

[Apollo]

The owner has posted signs warning that anyone entering the area without permission will be reported to the police for trespass and arrested, and has even included a specific warning against geocachers in it.

Lest anyone has heard the oft repeated myth that there is no Trespass Law in Scotland, there is:

Aggravated trespass

Criminal Justice and Public Order Act 1994 (Section 68 )

A person commits this offence if, in relation to any lawful activity people are engaged in or about to undertake, the person does anything that is intended to intimidate and deter those people or to obstruct or disrupt the activity.

And:

Collective trespass

Criminal Justice and Public Order Act 1994 (Section 61)

If two or more people are trespassing with common purpose to reside on
land for any time, and:
• have caused damage, or
• used threatening, abusive or insulting words or behaviour, or
• have between them 6 or more vehicles,
they can be directed to leave by the police. If they fail to do so, they commit an offence.

Doesn't take too much imagination to work out how a determined and awkward landowner could manipulate circumstances (especially with a friendly 'witness', and you could find yourself with a criminal charge for being where they don't want you.