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Railway T&C's

Discussion in 'Photography' started by Sidmouth, Apr 26, 2024.

  1. Sidmouth

    Sidmouth Resident of Nat Pres Staff Member Moderator

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    There is an interesting / odd T&C on the WSR website

    https://www.west-somerset-railway.co.uk/events/view/spring-steam-spectacular

    • 7. The unauthorized use of photographic and recording equipment for public use is prohibited
    Depending on your interpretation , taking and submitting images to the railway press is forbidden !
     
  2. 35B

    35B Nat Pres stalwart

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    I would say that's absolutely on the right lines but too narrow, especially read in conjunction with item 9 "Ticket holders consent to filming and sound recording as visitors" - "public use" would appear to me to include posting online. It is also not limited, so would appear to bind a ticket holder regardless of whether on or off the premises.

    In the context of the age old "are photographers freeloaders" debate, raises an interesting question. As a hypothetical question, if I am planning to visit for photographic purposes, do I:
    (a) buy a ticket and accept that condition, or
    (b) not buy a ticket, stay off the premises and avoid granting WSR plc any right to limit what I do with the images or sound recordings I take?

    I'm also not sure that it is legal for someone to be deprived of their privacy rights by a condition like this; when I've been through somewhere subject to commercial filming, there have been notices up informing me both that it is happening and (more importantly) of what I can do to ensure that my image is not used. Having had to consider identity protection before, in a couple of different contexts, I'm very aware that there will be some people for whom appearing on film could quite literally be life threatening - hence why, for example, responsible schools and youth groups will know which of their members cannot appear in public pictures of the group.

    I feel for @SebWelsh and the other organisers having to handle this noise with what is I suspect a badly drafted pair of conditions intended to restrict genuinely commercial photography, and give WSR plc the ability to produce video without having to explicitly seek releases from visitors (both absolutely reasonable objectives).
     
    Miff likes this.

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