No commercial photography allowed

ethan · 14 Sep 2018 at 18:16

I went to photograph the Weeping Poppies display at Middleport Pottery with a view to hoping to eventually sell and display my photographs. On finishing I noticed a number of signs saying "no commercial photography allowed".

Does anybody know if this would actually be enforceable? Seems quite stupid really since you can photograph the poppies from the canal towpath which is a public footpath.

ethan · 14 Sep 2018 at 18:59

Snapshot said:
It may well be classed as a work of art where the creator (or commissioner) owns the copyright.

Perhaps as a direct copy but not for something you contribute to or can express as your own?

This is where it begins to get a bit confusing and somewhat silly. For example, I noticed there was no sign saying artists not allowed or no painting.

I'm sure I read somewhere that if you could produce a piece of work constituting 75% of your own idea/input you couldn't be done for copyright violation regardless of the notice or the medium in which you choose to express it. I'm a digital artist.

ethan · 16 Sep 2018 at 23:38

Russinating said:
You're not adding much by taking a photo. Even then, I'm not sure on the legitimacy of your above statement.

The photo is being used as a reference/ base on which to produce something that isn't a direct copy.

ethan · 17 Sep 2018 at 17:27

I hadn't previously mentioned this but the base photo was taken from a public canal tow-path not on their premises. I take your point about deleting the reference material. Do you still think the no commercial photography sign still applies to photographs taken from public land opposite the display?

Where I was standing there were no prohibitions listed along the tow path, only from within the premise's in Middleport Pottery.

Nothing was mentioned about reproductions based on natural/digital media that can be painted anywhere and no commercial photography must apply specifically to a commercial photograph (only)?

I remember a recent copyright case involving Toblerone trying and failing to copyright their chocolate bar shape because somebody came along with the same Shape bar but with a different name.

This is a same shape bottle kiln, painted instead of photographed from reference material taken from a public canal tow-path.

ethan · 17 Sep 2018 at 18:51

Minusorange said:
https://www.amateurphotographer.co.uk/technique/expert_advice/street-photography-and-the-law-96304

Laws are so convoluted

This is part of my point. How is it possible or even remotely practical to obtain a signed release form for every commercial photograph you take? These are just general guidelines and not necessarily specific to all things at all times.

ethan · 18 Sep 2018 at 05:34

Strangely enough part of what I was trying to suggest is illustrated here, with this example being amongst the most extreme I've come across: https://www.theguardian.com/artandd...llis-thomas-photograph?CMP=Share_iOSApp_Other