Can I legally sell prints in the UK if the photo was taken from public land and includes private property?
Asked 8/13/2017
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I'm new to selling mounted photo prints and want to stay within UK law. If I take a photograph from a public place, such as a public highway, pavement, or public footpath, can I sell prints of that image even if private land or privately owned property appears in the shot? Do I generally need permission from the landowner, or are there specific exceptions I should be aware of?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
8y ago
2 Answers
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The general position under UK law is that you can take any photos you like if you are on public property - this is how all those long-lens paparazzi are legal. As you note, almost all the UK is owned by someone, but public highways definitely count as public property; other areas may be more complicated. There are only a few gotchas to this:
- It is illegal to take photos of a few areas like military installations no matter where you're standing.
- Certain buildings (most famously enforced for a few London landmarks like the London Eye and the Shard) are covered by the copyright in the design of the building, so a photo of the building can infringe the copyright in the building itself. This gets complicated because there is a "freedom of panorama" which allows for panoramas, even if they happen to include a copyrighted building.
- Some places (again, most famously some London landmarks like Trafalgar Square) have bylaws which prohibit photography for commercial gain, so you can't take a photo while standing in Trafalgar Square and sell it.
Further reading should you want some: Photographers Rights: the ultimate guide from Techradar and The London Skyline - an IP view from Fieldfisher.
Originally by user11371. Source · Licensed CC BY-SA 4.0
user11371
8y ago
0
Generated from our catalog & community — verify before relying on it.
In general, in the UK, if you take the photo from public land you can usually photograph and sell prints of what you can lawfully see, even if private property appears in the image. Public highways, pavements, and many public rights of way are typically treated as public places.
You do not normally need permission from every landowner whose land appears in the frame. If that were required, most landscape and street photography would be impossible.
However, there are some important exceptions:
- Certain sensitive sites, such as some military locations, may have specific restrictions.
- Some buildings may involve copyright or other rights issues, although UK “freedom of panorama” generally allows photos of buildings and public scenes from public places.
- If you are standing on private land, the landowner can set conditions, including restrictions on commercial photography.
So the key question is usually where you were standing when you made the image. If it was a genuinely public place, selling prints is generally allowed, subject to the limited exceptions above. If in doubt on a specific location, check local rules or get legal advice.
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