NMRA British Region Forum

Hi

We have often heard heated discussion about individuals photographing layouts without permission. I can not see the problem myself, however what are the rules when the situation is turned on its head!

If one finds a photo on the net of ones own layout what are the rules for copying and using that photo?

If I copy such a photo to say our groups web page I "try" and remember to acknowledge the photographer, but what are the rules in that situation?

Thanks in advance

Peter L-J

I guess the safest bet is to always contact the author of that photo, and ask permission.
Copyrights are a hornets nest, and are dealt with differently around the world.
I personally wouldn't have any problem with people using my photo's (as long as no money is being made with it) without permission, but there are people who do have a problem , so my view on it to avoid any problems, just ask for permission.

Koos

Koos's description is the best way - asking first is the safest bet. If they say yes you know you have no problem, if they say no then you know where you stand...

UK law (and US is I think the same) is that copyright is automatically the photographers, it is their choice and their right to dictate how their photo is used further.

One caveat I put in the other thread on this subject, some sites are set up to allow sharing (Flickr does this, as does YouTube with video) whilst still properly attributing and linking to the original location - the owner of the image/video in question then has the choice to allow that function or not, if he allows that function then I think it's a reasonable assumption that they are okay with you using them in that way.

Flickr and other photo sites might list something called a creative commons license, which will set out what kind of sharing the owner allows, and in what circumstances - worth looking out for.

As a photographer myself, if someone asks to use one of my photos I am generally more accommodating than if they just use it and ask later, or I find out before they ask. ALWAYS ask the photographer for permission - some will give permission to use the photo as is, some will ask for attribution (via caption or small on-photo watermark), others will allow you to use the photo but not amend it in any way, ie. if you wanted to crop part of it. There is also the area of how the photo will be used. If just for a website most photographers will be ok with that, but if you are using it elsewhere you will need to get separate permission for that.

But rule of thumb is ALWAYS ask the photographer.

You could put a copyright on the photo.
I don't let original versions out, they are cropped or resolution lowered. Then if I had to I could prove mine was the original.

PECO allowed you to use their photos of your layout, so long as it was not for another publication and was attributed to PECO and the photographer.

Hi

This help me to understand why some exhibitors refuse to allow anyone to photo their layout.

All the best

Peter L-J

Peter,

I am not sure your original question is about copyright as expounded by others in responses. I have used others' photos in articles and even used someone's blog material as an article, but always with permission if you can get it. If you attempt to get paid for somebody else's photos you MUST get permission - any credible publisher will insist on it, even White River in respect of the NMRA magazine. They do it even when you waive the publishing fees.

Your point is about whether your own layout or models can just be photographed. The copyright of the resulting photo rests with the photographer; if that is published without your permission I suspect you enter the murky realms of the Privacy Laws (Leveson Enquiry and all that). It would be hard to say your privacy has been invaded or breached if your layout was photographed at a public exhibition. However publishing a photo with your image in it is another matter especially in the USA - anyone in a photo that is published in the USA needs to give permission in writing........ Privacy could be invaded if you are depicted but a court of law is full of such allegations over time. Let's not feed the legal profession too much.

It is a matter of politeness to ask the owner first but there is no law against it unless the event organiser has expressly forbidden it. In some respect we would be expoecting too much for every photographer and video recorder to ask the permission of the owner each time - you might be at lunch!