Asking for rights for selling photos?

[andrewvid]

So recently i've been selling some of my photos..

just yesterday i went to get some of my photos framed by a family friend.. he then said that if i want to sell the photo below then i would need to ask permission/rights etc to have that print sold of the Harbour bridge..? is this true? can anyone confirm this please? i'm hoping it's not..

http://i1233.photobucket.com/albums/ff394/andrewvid/_DSC5360-1_zps69d62400.jpg

[Kym]

Yes it is. You need a permit from the SHFA http://www.shfa.nsw.gov.au/sydney-Resource_centre-Permits_and_applications.htm

[andrewvid]

Yes it is. You need a permit from the SHFA http://www.shfa.nsw.gov.au/sydney-Resource_centre-Permits_and_applications.htm

I see! thanks for that Kym!

[ameerat42]

CAUTION: Don't believe the following...

While you're at it Andrew, DON'T try to sell a picture of the sky - rain, hail, or shine - without first asking the Department of Weather.
:2biggn:m.

[andrewvid]

CAUTION: Don't believe the following...

While you're at it Andrew, DON'T try to sell a picture of the sky - rain, hail, or shine - without first asking the Department of Weather.
:2biggn:m.

Ah yes very good point there! i shall ask.. hmm.. "God! do i have your permission to sell pictures of your creation?" :P

[bricat]

I have read the application form and would say you do not require a licence. This is for more commercial type work. films, advertisements etc. It is there for reasons of restrictions that may effect the general public and the safety of same. Can you imagine having to take out liability insurance? It is a public place and a public bridge? Correct me if I'm wrong please. Or did I miss something? cheers Brian

[andrewvid]

I have read the application form and would say you do not require a licence. This is for more commercial type work. films, advertisements etc. It is there for reasons of restrictions that may effect the general public and the safety of same. Can you imagine having to take out liability insurance? It is a public place and a public bridge? Correct me if I'm wrong please. Or did I miss something? cheers Brian

I'm kind of wondering the same thing now after reading it over again, it also has a box for an ABN number.. what if you don't have a business and just sell to the general people around you? or.. do you have to have a proper business to do so?

[Mark L]

Who are you selling them to, and exactly where were you standing when you took the photo?

[Analog6]

I'd say no too. Here is the checklist and you would fall into the first category, and at the end it says NO to Licence Issued.

95912

[andrewvid]

Who are you selling them to, and exactly where were you standing when you took the photo?

I just got some friends to spread my word so, mainly relatives of some friends for now

- - - Updated - - -


I'd say no too. Here is the checklist and you would fall into the first category, and at the end it says NO to Licence Issued.

95912

That is what i saw and got a bit confused, good to see someone else seeing the same thing! Thanks for that

[fillum]

It seems to me that the obvious answer here is to contact the SHFA and ask them what restrictions, if any, apply.

The links above refer to taking of photos (and video) not to the selling of them. The regulations (http://www.legislation.nsw.gov.au/sessionalview/sessional/sr/2011-466.pdf) only seem to mention taking photos for commercial purposes (see Part 2 - section 4 (1) (b) ), nothing about selling them. So I don't know how it would work if you took the photos as an enthusiast (i.e. without any intention of selling them) and then later found a market for them? My assumption would be that small scale sales (e.g. to friends and associates) would probably be ok, but contact the SHFA and get a definitive answer.


Cheers.

[andrewvid]

It seems to me that the obvious answer here is to contact the SHFA and ask them what restrictions, if any, apply.

The links above refer to taking of photos (and video) not to the selling of them. The regulations (http://www.legislation.nsw.gov.au/sessionalview/sessional/sr/2011-466.pdf) only seem to mention taking photos for commercial purposes (see Part 2 - section 4 (1) (b) ), nothing about selling them. So I don't know how it would work if you took the photos as an enthusiast (i.e. without any intention of selling them) and then later found a market for them? My assumption would be that small scale sales (e.g. to friends and associates) would probably be ok, but contact the SHFA and get a definitive answer.


Cheers.

Thanks Phil, I see what you mean there.. guess it's best to stick to the safe side and contact them.

[Analog6]

In the business section of their website, it starts out by saying "As the custodian of more than 400 hectares of publicly-owned foreshore land" (here (http://www.shfa.nsw.gov.au/sydney-For_business.htm)). Under current Australian laws, if you are on public land and you take a photo, you can do any darned ting you like with it. The exception is if it is a photo of a person and you use it in a way that implies the subject endorses a product.

Have a look at the Arts-Law site's (http://www.artslaw.com.au/info-sheets/info-sheet/street-photographers-rights/#headingh35) guidelines to the Rules. An extract below:

"Photography of landmarks, buildings, monuments

There are provisions in the Copyright Act 1968 (Cth) that allow people to take and publish photographs of buildings, models of buildings, sculptures and other works of artistic craftsmanship without infringing copyright. See below for more detail.

However, photography is restricted in some areas by local councils or authorities. For example, the Sydney Harbour Foreshore Authority Regulation 2006 (NSW) prohibits a person from using a camera for a commercial purpose in a 'public area' without the Authority’s permission. This applies to any part of the foreshore area that is vested in or managed by the Authority and the public can use, including Darling Harbour, Circular Quay, the Rocks and Luna Park. Non-compliance can result in a fine. "

Now, to me, you did not take the photos for "Commercial Purpose". You just wanted to see how good a shot of the bridge you could get, andm AFTER THE FACT, someone has liked it and wants to buy it. You did not have a business contract to sell images or a buyer lined up. You are not making big $$ from this. I don't think you fall under this section of the rules. And I've seen a lot of images taken in the area under the SHFA's aegis and they are for sale.

Someone who might be able to help you on this point is photographer Philip Johnsom (http://www.redbubble.com/people/salieri1627/portfolio) (pjohs@ihug.com.au). He has a big presence on RB and many of his images are foreshore 'icons' and he has clearly been in the SHFA area when taking them. he gives out this email on RB in his profile so it should be Ok to put it here. I'd very much like to know the answer to this question too.

[kiwi]

http://4020.net/words/photorights.php

[andrewvid]

Thanks for that Odille, i have contacted SHFA, still awaiting a reply. I shall contact Phillip Johnsom. Thanks for the info, seems like a bit of a confusing topic