I’ve always been a firm believer in the power of using photos to illustrate my blog posts; after all a picture tells a thousand words, so with this in mind it was photos, of other illustrations, right from the word go. Wherever possible, I used my own photos, but when there was nothing appropriate or, I didn’t have a suitable picture to illuminate my point, I reverted to good old Google Images.
This is a great way to enhance my blog, thought I and, what’s more, it’s quick, convenient, contains fine examples of what I’m looking for and above all it’s free. Unfortunately, I was wrong on that last point; very wrong in fact, for you see gentle readers, I was blissfully unaware of the law of copyright. Click on virtually any photo or picture on Google Images and you will notice the following disclaimer, in small print, underneath. “Images may be subject to copyright.”
After ignoring this warning a few times, I thought I’d better look into the issue a little deeper. I discovered that photographs are considered as “Intellectual Property,” and thus belong to the person who created them (took the photo, basically). Based on what I discovered I took the decision to only use my own photographs or, if I did use examples from Google Images, I would ensure they were “free to use” and in the “public domain.” If you want to explore this area further, the UK Government’s website provides an interesting overview on copyright and intellectual property rights.
Since that moment of enlightenment, I haven’t really looked back, and would go as far as saying creating that perfect photo is part and parcel of producing a successful blog post, and also part of the fun. With even bottom of the range Smart Phones having a built-in high-definition camera, we’re all photographers now, and as long as you’ve got you phone handy, then there’s every chance of taking that perfect shot.
This leads nicely on to the main point of this post, which is do you need permission to take that all important snap? And is the act of pointing a camera at someone an infringement of their own personal liberty? The answer to both questions is “no,” at least in the UK and with certain provisos, but even then, this is a very grey area, given the almost universal prevalence of Smart Phone cameras.
I admit to being somewhat circumspect when I take photos, and in some situations, such as a quiet pub, have sometimes asked the proprietor if it’s OK to take photos. In virtually all cases it is, but a couple of weeks ago I was caught out and asked, quire pointedly, what I was doing. Son Matthew found this far more embarrassing than I did, but as he often moans when I stop to take a photo, whilst we’re out and about, he for once, felt vindicated.
It was Sunday morning and we’d been for breakfast at a small café in Tonbridge. You can read about it here. After an excellent breakfast, I took several photos as we made our way out of the café, before pausing outside to take a few shots of the exterior. Looking back I wasn’t particularly discreet with my camera pointing, so it was no surprise that the manager followed us outside.
She asked, with a hint
of irritation in her voice, “May I enquire why you’re taking photos?” I understood her concern, especially given the situation regarding Coronavirus,
so I hurriedly explained that I was not from the local council or the government,
and there were no sinister reasons for me taking photos of her premises.
I handed her a business card and told her I was a beer writer, with my own blog about beer, pubs and travel. My son and I had just enjoyed an excellent breakfast in her café, and I would be giving the place a good write-up. I’m not sure she believed me, but the incident did add fuel to Matthew’s sense of snap-happy and rather embarrassing father.
I appreciate that things are difficult for many businesses, and that given the current restrictions, and the media-induced state of panic and paranoia surrounding anything even remotely connected with Covid-19, it’s understandable for owners of pubs, bars and restaurants to think that some “do-gooder” is out to get them, by attempting to show their premises in a bad light.
I will therefore be even more circumspect than usual and, where necessary, explain, out of courtesy, why I would like to take photos, whilst emphasising that I am NOT some government lackey, or local-authority prod-nose!
7 comments:
Interesting post and one I have had similar experiences. As far as I understand it, if you are in a public place you can take pictures of anything and use them how you see fit - that's why almost all of my Photo Digital Art pictures were taken by me in a public place.
So, any pub/café owner can rightly object to you taking pictures on their premises, but from a public highway they cannot.
Photos of people are slightly different. If you take a picture of a person/people (even if they're not the main subject) you should, technically, obtain their permission before you use it in a public forum. ('Proper' photographers use a model release form which documents this nicely.)
Whenever I take a picture of a pub, if there is a smoker by the door, they will almost invariably turn away (or move away) even thogh they'll only be a tiny part of the image. Sometimes I'm challenged, but when I tell them that I'm on a boating holiday and I take a picture of every pub we go in, they always accept it and ask about where we've been!
I'm not aware there are any restrictions on taking pictures of people who just happen to be in a general scene in a public place. Otherwise most tourist photography would be impossible. If the photo is specifically *of* someone then it's a different matter, if only as a matter of courtesy. You also need to be careful taking pictures that include identifiable children.
Interesting post . Paul.
A few years back I took quick photos of lovely old pubs in Petts Wood and Gravesend from across the street. Someone rushed out and asked me why, seeming satisfied with a brief explanation. I reckon they thought I was working for the pub company to market the pub or similar.
I average one complaint a year (of 800 posts) from people who get caught in my photos. I always delete and apologise profusely. The people are incidental to the pub scene, though pubs without people are pointless.
I'd never include a child in a shot.
With regard to taking photos that include people, Mudgie is correct, unless you want to sell your photo or use it for commercial purposes.
That refers to adults, obviouisly children are another matter and I try to avoid photographing them as well.
And finally, a little tale that will (hopefully) amuse and appal you at the same time! Last year I had an assignment to take photos of various electronic advertising boards around Birmingham and the Black Country for World Amazon Day (I think!) Most were in bus shelters and all the photos needed to have traffic rushing by...so I needed to be set up with a tripod.
I was on the main Wolverhampton to Birmingham road near a set of traffic lights. The lights were on red and a bloke driving a transit van wound down his window to ask what I was taking pictures of (as if it was any of his business!). I explained and asked him why he was asking me and he replied, "I thought you might be a paedophile!" After my initial shock, I said, "If I was a paedophile do you really think I'd be out in the open with a tripod? I'd have been in those bushes and you'd never have seen me!" (Later on the same day, in a different location, a group of lads in a car sped past me shouting "Paedophile" out of the windows!)
It's a funny old world!
As someone who makes their living from photography I’m pleased you’ve now got the concept of copyright and intellectual property. Re being called a paedo, on the odd occasion it’s happened to me I point out that if the first thing they think of when they see a photographer is child pornography,, it’s more than likely that they’re the paedophile. Shuts them up quick enough.
There does appear to be an air of suspicion amongst the public at large, over the taking of photos, even though, with the provisos mentioned above, it's a perfectly legal thing to do. Train spotters can get away with it, but those of us who like to photograph pubs are not always so fortunate.
I remember, back in the day, when I first edited a magazine on behalf of my local CAMRA branch, the printer (who I knew quite well), advising me to drop the photo I'd planned for the front cover. It featured a couple, sitting in front of a large open fireplace, in a local old world pub, enjoying a drink and a cosy fireside chat.
As my printer friend said to me, how do we know this couple are an "item" and not two people having an affair? He added, even if there was nothing going on between the couple in the photo, they still might not want themselves splashed all over the cover of a CAMRA magazine.
We dropped the photo, for a non-controvertible shot of the pub exterior, but ever since then I've been wary of including pictures of people, in any of the photos I use on my blog.
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