Commercial photography and Hive - a question to the community

in Photography Lovers3 years ago (edited)

I am an amateur photographer in that I don't make any money or a living off my images. I would like to go for a photowalk around London's Canary Wharf in the late evening / night time to take images for my own pleasure as it were. The area covered by Canary Wharf is private land and commercial photography is not allowed unless by permit.

So with that in mind, and in order to avoid getting kicked out by the over zealous security gaurds, I messaged Canary Wharf and asked for permission to shoot on a non-commerical. non profit basis.

This is the reply I got:

***Thank you for your email.

If your photography is not to be offered for sale (including stock websites) or used in a commercial capacity then you do now need a permit.
Please only bring minimal equipment ie Camera & Tripod.
Please do not bring models etc.

Please feel free to print this email and bring it with you to show our security team if requested.***

Quote

SO the question I have to the Hive community is, if I shoot and post the resulting images to the Hive and I get rewarded, would I be breaking the rules for non-commercial photography?

I make modest amounts of Hive for the images I post but don't want to get landed with a bill for rights violations or whatever crap they come up with!

Anyways, here's a few photos I prepared earlier in Canary Wharf on a public event where I was allowed to take photos:

Human Traffic

49499247757_786a7a4c06_o.jpg

Cabot Place

26527339958_44bd440c6e_o.jpg

Canary Wharf Tube

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About me:
I usually specialise in shooting lightpainting images but occasionally dabble in urbex and artistic model photography. I'm always on the lookout for someone to collaborate with; please don't hesitate to get in touch if you'd like to create art.

Social Media
https://www.facebook.com/fastchrisuk
https://www.flickr.com/photos/fastchris/

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chris, you know this.. its always easier to ask for forgiveness than permission!!!

Probably what Jimmy Savile's defence would have been, how's about that then? lol

ooopphmphhh

I don't know exactly what the legal situation is in Great Britain, but maybe my assessment will help you anyway. Strictly speaking, publishing on Facebook, Instagram or other platforms is always a commercial use of the images. Mr. Suckerberg earns money from the fact that you post pictures there. It doesn't matter whether you get the money for the photo like here on Hive or someone else. Strictly speaking, it makes no difference whether you publish your pictures here or somewhere else on the internet. However, this question is certainly important for possible subsequent licensing or compensation. It could happen that you have to pay more to the owners of the location than you earn with the pictures here. In addition, you might have to pay court and lawyer fees.
If I were you, I would research on the internet whether the owners have already sued photographers, and if so, what the outcome of the proceedings was.

I've had a think about this today. When I registered on Hive, I didn't give anyone my address or much detail about myself. Given that this is a decentralised place, I'm not sure how a lawyer could pursue me. For the Hive I might earn, say 20 to 30, it might not be worth pursuing at all.

But you must not forget that I am German. The German puts braces on his trousers, then puts a belt on them and ties a rope around them.

Lightpainter in lederhosen? There's an image in my mind's eye! ;-)

But if your name is "fastchrisuk" everywhere and your Facebook, Flickr ... accounts have the same pictures as here, it's not that easy. For me it would be difficult because I have my own homepage with an imprint.

Yes, I'll have to be more elusive! :-)

Ja. "fastchrisCCCP" or so. And the lawyer start searching for you in Ленинград. 😂

Thanks mate, it’s where I was going with this. It’s a grey area or dark hole to go down and I’d rather not haha!

.

Definitely. Only other place coming close to this is Dubai which I visited for work a few years ago. Took a camera and had only 30 minutes spare to shoot. Damn...

Well... I guess you can upload the photos and clarify that the photos on the post are shown with no comercial purpose and always deny the profits for that post.
That way, if the company/owner/etc try to take some action against you, you might be free of any problem...
But I am guessing....

Good point but denying profits goes against my capitalist nature....

You can always be a good capitalist samaritan and donate the profits to the Fastchrisuk In Distress Non-Profit Org.....

Jared_leto-Oscar-party_oscar-fiesta_oscar-vanity_fair_oscar_MILIMA20150223_0377_3.jpg

That one has more hair then me! :-)

Is that JMSN?

As I made money with my pictures in the past ten years, I'm not to right dude to answer your question...but now as I shut down all my commercial activities, I have to think about it too ;)
Thanks for your thoughts.