National Trust and other properties

Associate
Joined
19 Apr 2008
Posts
1,222
Location
windy Anglesey
I have recently been asked to sell some of my personal photos as postcards from our local village shop. Some of the photos include external shots of buildings owned by the National Trust (but not shot on NT land!!).

So, can I sell these postcards? I am not a professional photographer and do not belong to any photography recognised body (so a license would not be given).
 
I believe if the photos were taken from public property you can sell them as you wish as it is not possible to copyright a building or view!
 
I'd get in touch with them. They protect their copyright very aggressively. I know from a similar thread they don't mind you taking photos but you can't sell them when on their property. I'm not 100% how it applies if you're off their property but are actively photographing their property with the sole purpose of selling them, but I'd imagine you can't or they'd not sell any postcards, etc themselves.

This is the sort thing you can expect from them:

http://www.epuk.org/News/928/simon-norfolk-national-trust

Actually, I've deleted a couple of links, just read the reply on this thread:

http://www.worldphotographyforum.com/showthread.php?t=4681

I can't find it now, but there was a thread somewhere quite some time ago where an artist was forced to remove their painting of a property covered by the national trust, from a local shop that was selling it for similar reasons.
 
Last edited:
I believe if the photos were taken from public property you can sell them as you wish as it is not possible to copyright a building or view!

Incorrect.

You can copyright a building design and indeed a building

The relevant legistation is the Copyright Designs and Patents Act 1988. Section 4 defines 'artistic work' for the purpose of the act.

"Artistic work" includes a work of architecture being a building or a model for a building. It further refines the definition of a building to include "any fixed structure, and a part of a building or fixed structure"


However Section 62 of the Copyright Designs and Patents Act 1988 states the following

Section 62 - Representation of certain artistic works on public display.

(1) This section applies to—

(a) buildings, and

(b) sculptures, models for buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.

(2) The copyright in such a work is not infringed by—

(a) making a graphic work representing it,

(b) making a photograph or film of it, or

(c) making a broadcast of a visual image of it.

(3) Nor is the copyright infringed by the issue to the public of copies, or the communication to the public, of anything whose making was, by virtue of this section, not an infringement of the copyright.

So if it is in a public place or viewable from a Public place you can make a drawing/painting/visual recording and it doesn't infringe the copyright. If you're on private property when you took the photograph then you're going to have to seek permission. Bear in mind the National Trust own vast swathes of land so make sure you're on a public highway or public right of way and you will be ok.

If you're trespassing then you will be on dodgy ground legally. You also may be in a public place and be prohibited from photographic certain buildings due to National Security. If you're abroad then you would have to see what the law is in that Country.

If you want to read the full text of the Copyright Designs and Patents Act 1988, it can be found at

http://www.legislation.gov.uk/ukpga/1988/48/contents
 
Last edited:
Back
Top Bottom