If someone was too take photo's and was not paid for this, but these photo's were to be published in a commercial publication, theoretically would a permit from the PLA be required before taking the pictures?
Guess its one for the lawyers, but if you take pictures and know they are going to be published in a commercial publication i would say it doesn't matter if you are paid for it or not you still require the permit. Whether you will get caught or not is another thing.
How can you get an answer if you dont discribe the situation ? Where you on PLA property when taking the photos ? If so then who ever took the photos still owns them and can sell them but will risk civil prosicution by the PLA for trespass if they wish to follow it up .
In other words if you take the picture you own the picture and can do what you wish with it .
No payment would ever occur, thats a very clearly defined area from what I can see.
However, if on the tidal Thames pictures were taken and used in a commerical publication (for which the photographer would not receive payment), then could it technically be defined as commercial photography?
I guess any pictures taken from a river bank would be fine, as they were not taken on PLA property.
If the photographer is a pro photographer then its pretty bloody obvious he is doing it for commercial value even if no money actually changes hands . The water isnt owned by anyone but the river bed is .
Why are you asking silly questions ?
As I said previously, if you would be kind enough to explain what facts you feel I am ommiting then perhaps I could be more helpfull, I'm really not sure what further clarity I can provide.
I'll try again:
If random member of the public takes a picture whilst on the river then if it is printed in a commercial publication, would a permit from the PLA be required if they took no payment at any point, before, during or after publication.
If you take a picture in a public place that is not private property... then you can do with it as you will... with no fees payable to any third party.
If you take a picture in a public place of a person or of premises such as a factory... you can do with them as you please if there is no reasonable expectation of privacy.
If you are on private property then you will probably need consent to make the images and in some cases that are private property but a public place... for instance the national forest's... then you may need to purchase a permit from the land owner.
Great, thats very helpfull, I thought I read differently on the PLA website, obviously I misunderstood. Glad I asked now, it was painfull, but got there in the end ;-)