Property release for a landscape photograph

[granth67451656]

Hi..

I'm trying to find out if a property release is needed for mountains / hills / countryside views within a UK national park. The photographs are often taken on land owned by the park authority / National Trust,  who have high fees for commercial photography.

Any guidance on this would be appreciated! 

Thanks

Grant

[99jon]

I think many hills and mountains on NT land has public access rights. You could check on an OS map. Obviously the interiors of NT houses or works of art would require permission. I’m sure Adobe Stock must have many images taken in national parks.

[granth67451656]

This is why I'm confused about whether one is needed or not. The park

authority has a policy of commercial photography on their land, but as the

photographs are often taken on land that they've given people permission to

be on - is it enforceable or is it a courtesy?

[99jon]

UK law says that photography is legal in all public open spaces and copyright rests with the photographer.

[granth67451656]

Have done a little further digging and the countryside rights of way act (

which is the one I assume applies to national park pathways) says that

commercial photography isn't allowed. Which I think answers my question?

[99jon]

I think it depends how commercial photography is defined. Nobody is going to prevent you selling a fantastic sunset photo.

Commercial photography implies being involved in the activities as a commercial photographer, this is likely to involve going to a place to make a commercial or run a shoot with models, stylists, and a pre-defined client.

http://www.photographers-resource.co.uk/photography/Legal/Access_Rights.htm

[Sheena Kaul]

Moving to Adobe Stock Contributors​

[MatHayward · Accepted solution]

If there is a policy restricting commercial photography, you must obtain a property release. Selling through Adobe Stock is selling content with a commercial license. Please be sure to comply with any and alll local laws and restrictions for your protection. You can view more information about our legal guidelines at the following link: https://helpx.adobe.com/stock/contributor/legal.html

Legal Guidelines for Adobe Stock Contributor program

Kind regards,

Mat Hayward

[granth67451656]

Some useful info in the link, thank you!

Having looked through the Brecon Beacons tagged images in Adobe (and

others) stock library and seeing that virtually none are restricted to

editorial use only, I thought it warranted further discussion. The

guidelines are clear on what most see as open access land / mountains /

hills etc.

[granth67451656]

Sorry, should've said "guidelines aren't clear"