Selling photographs and property owner

Irelandscape

Hi,

I'm the webmaster of a website called Irelanscape (http://www.irelandscape.com) which allows photographers to publish and sell their own scenic photographs of Ireland.

Recently, I received an email from a person who I believe is the owner of a piece of land near Lough Dan (Wicklow). He claims that I have no right to sell photographs taken of and from his property without his explicit permission.
To be honnest, I'm not 100% sure he is correct with this but I would like to have other people's opinion in this matter.

The pictures are not defamatory or associated with a particular commercial product. I actually remember meeting the owner of the land at the time, and he gave me his permission to take photographs. So in my mind, I was not trespassing on his property. Some pictures were also taken by other photographs who then published them on the website.

To put it into context, here are the pictures this gentleman is complaining about:
http://www.irelandscape.com/display_location.php?location_id=276

Now, as everybody knows, virtually 100% of every piece of land in Ireland belongs to somebody. It would be sheer madness to have to request every single owner for an explicit permission before selling scenic photographs of Ireland.

It wouldn't be a big deal for me to disable sales for these particular photographs but I really feel strongly about this issue and that would have knock on effects on all the pictures I've published and the future of the website.
The site is there as much to promote Ireland as for allowing photographers to exhibit and sell their work.

Can someone point me to legal texts that describe clearly photographers' rights and obligations in this context in Ireland?

Thanks for your help!

robfitz

Digital Rights Ireland have the following article on Photographers’ Rights on there website.

Irelandscape

Thanks Rob, I read that article (which is quite helpful), but it doesn't tell explicitly if one is allowed to sell photographs that were taken from a private property.
When I met the land owner on the day I took the pictures, he was fine with me walking on the path and taking pictures, so I did not trespass on his property.

robfitz

I would suggest you direct your question to the comments section of that page or talk to your solicitor.

amcinroy

Olivier,

Hello again.

I will watch this one with interest. I have a particular interest in this situation in relation to the National Trust in northern ireland.

But to your problem.

Olivier, there are some things to which only God holds copyright.

This scenario has never been tested in court (I checked), and probably never will be. I personally would be delighted to test the case in court if anyone tried this on with me. I feel that strongly about it.

Taking photographs of natural landcape is such a beinign activity that any sensible judge will throw the case out the door. Now, criminal damage or trespass is something different entirely, so step carefully and leave the property if requested. Trespass only occurs if you fail to leave when requested I believe.

As for the photographs on your site, I would urge you not to be bullied by this riduculous person.

Andy
www.andymcinroy.com