Can I take photos of your boat?

tome

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I'm sure some learned person could help me with this

If I'm in, say, a marina and see a boat I'd like to photograph, does the owner or his agent have any right to tell me not to do so?
 
That, as we say in the legal world, is a very good question.

Unfortunately I have absolutely no idea what the answer is.
 
If its public property and not covered by any of the numerous security laws then I think you're fine. If its private property, then its down to the land owner to set the rule.

Have a look at this site for a handy primer on the subject.

Rick
 
Well trader took my boat on a high speed trip for an hour doing a photo shoot without my permission. When I found out i asked them never to use them - they did!!!

Just for the record, there isa public right of way right through that marina and around past the boat lift.

So where you on private property?

In any event what harm does publishing a picture of the new 64 do? What can the damages be?
 
Thanks Rick, that's a handy summary

So my understanding is that if I'm in a marina with public access by virtue of various businesses which are open to the public (chandlers, brokers etc) and I'm not causing any obstruction, there's nothing to stop me taking pictures as the fancy takes me?
 
You are actually in a public right of way - this is marked public right of way right through there and around past the boat lift.

I take millions of shots on video and still of boats in marinaa - I bet the mags do not ask every boat owner for every marina shot they take?
 
[ QUOTE ]
Just for the record, there isa public right of way right through that marina and around past the boat lift.

So where you on private property?

[/ QUOTE ]

No, I was on the public right of way. The incident unfolded like this:

Had a spare half hour at lunchtime, so being a nice day strolled down to Emsworth Yacht Harbour where Tarquin are commissioning a new blue-hulled Trader 64 Regal Beauty registered in Cowes

Popped into the ofice to ask if it was a new 64

'Is that a new 64?'
'Yes, are you on our mailing list?'
'No, but the blue hull is unusual - like Ocean Deep'
'You know the boat?'
'Yes! Have you sorted out all Mr Burgess's problems yet?
'Err, yes I believe we have'
'Ok, cheerio'

At this point I went out and started taking some pics of the new boat. This chap comes hurrying over

'Excuse me, who are you?'
'Me? I'm Tom - who are you?'
'I'm James Course, the manager here'
(me pointing at boat) 'Nice, isn't she. Especially in blue'
'You mentioned Mr Burgess to my staff. Do you know him?'
'Met him a couple of times down here, shame about all the problems with his boat. Are they sorted yet?'
'Err, more or less. I've just sent him a couple of emails. What are you doing here anyway?'
'Oh, I keep a little sailing boat here'
'You're not allowed to take photographs of the new boat - it's privately owned and the owner doesn't want photos taking'

Can't think what they've got to hide, lovely looking boat
 
[ QUOTE ]
'You're not allowed to take photographs of the new boat - it's privately owned and the owner doesn't want photos taking'

Can't think what they've got to hide, lovely looking boat

[/ QUOTE ]

I wish the owner luck with their wish to avoid photographs. No idea how they're going to make that happen - but for a small token, I'll avoid pointing my camera at it.... /forums/images/graemlins/wink.gif Perhaps I should wander along next weekend to have a look...

Rick
 
[jest]Ah - you see - the owner specified a stealth boat - one that you cannot see or photograph .... I don't think the stealth covering works yet....

A bit like the Emperors new clothes? /forums/images/graemlins/tongue.gif[/jest]
 
Where exactly is this boat that someone from Trader is going to try and stop me taking pictures of from a public place. What's he going to do if I continue - assault me??

Now that would be an interesting situation if there was someone else nearby taking pictures who captured the assault.
 
Is it a public right of way or are the public allowed access?

Liken it to a shopping mall. The public are allowed in, but it is still private property. You start taking a load of pics in a shopping mall and security will be down on you very quickly.
However if the path is a genuine public right of way then you are entitled to photograph anything you can see from it. A few exceptions apply to do with Military, state security, Buildings covered by the Official Secrets Act, Crown Courts in Session, etc. And of course if a copper comes along and says you are causing an obstruction you could end up in the paddy wagon.
However the goal posts are being moved by other laws impinging on the photographer's liberties. If for instance there was a Girl Guide troop or children in swimming costumes in your view, you could fall foul of other, un-related, laws.
He is not correct to say there is any right of the owner to ban photography of his boat from a public place.
Mentioning Gludy may not have been a good idea though. /forums/images/graemlins/wink.gif
 
Interesting point on what you can do on a public right of way.

Strictly speaking it is to be used for getting from A to B, and any use outside this would amount to trespass against the landowner. However, as the law has developed and rights of way are now used more for recreation than for mere passage, the courts have said that stopping, resting and taking in a view is part and parcel of legitimate use. In some cases, this can include taking photographs of the view.

I suspect that the courts will not be prepared to define a view to include something brought onto the land such as a nice shiny boat, though.
 
Maybe all forumites in the area should take a trip down to see it sometime this week all at the same time and start taking photos, see what happens /forums/images/graemlins/laugh.gif

Chris
 
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