Jez asked:

>Is it possible to copyright an area of land you own especially as it is an
>area of outstanding natural beauty. How would you stand photographing it
>from the sea rather than on the estate land.

Jez,

My day job is a tv news cameraman and issues like this affect me and my 
colleagues continually.

The law of the land (UK) is this: you and I can take images, moving or 
otherwise, from a public right of way, or from a private property with 
express permission from the owner (it need not be written) - - of 
anything. HOWEVER, obviously if you go clambering through a neigbour's 
bushes to get that all-time-great shot of Anna Kornickerova sunning 
butt-neked by the pool, and she sees you, calls the police, they arrest 
you, and she sues, you might be in court fairly quickly. The court case 
outcome would be the test.

In your case, Lulworth Cove, as Bob has mentioned, is probably one of the 
most photographed locations in the UK. As such, I doubt anyone anywhere 
will suddenly see a nice pic of it published in three year's time in some 
travel brochure - and even then they'd have a mighty job proving you were 
the perpetrator (assuming you stood on their land while taking it), and 
succeeding in court.

The golden rule in the UK is 'right of way'. This means an obvious road, 
a Byway (most RUPPs- Roads Used as a  Public Path - have now been 
reclassified by county councils and called Byways, or downgraded to: ), a 
Bridle Path, or a footpath. Note that the last two often pass across 
remote areas of private land - so if you're standing on a footpath on 
private land overlooking Lulworth Cove, what's the deal? When on a 
footpath (etc) you have the right to 'pass and re-pass' along it - you 
don't even need a destination. You do not have a right to stand there and 
photograph things - HOWEVER, it's not against the law. IE it is not a 
criminal act, and accordingly you cannot be stopped simply for taking 
pics (unless the local police think you are causing an obstruction, 
flashing, drunk in charge of an MZ-S etc).

HOWEVER, what if the landowner and a brace of grass-munching, 
smock-wearing, Dorset-types suddenly come across you and challenge you? 
If it were me, and it has been on many an occasion, one makes one's 
excuses and leaves. They might not even be the landowner - people will 
accost you anyway these days! I've had nutters telling me I can't film 
here, there and everywhere. Depending on my quick assessment of their 
intelligence, I answer accordingly, often agreeing with them and saying 
yes I know, isn't it awful, all this press intrusion etc etc. I get 
people coming up to me while I'm holding a dirty great big Betacam SX 
with zillions of microphones, rain covers, radio mics, kitchen sinks 
aboard and saying 'which paper are you from??' Sometimes I wish I *was* a 
stills man instead - so much easier to hide gear - and run!

So, where was I? Passing and repassing. No problem, but don't shout about 
it, remember the old saying, there's nowt so queer as folk! Years ago I 
filmed a peace demo at RAF Upper Heyford in Oxfordshire. You may remember 
that the base was used by the Americans as a home for a squadron of 
Aardvarks (F1-11 fighter/bombers) used most notably in the bombing of 
Tripoli. Anyway, some eagle-eyed protesters had spotted that there 
existed a footpath (on the council's definitive map) that went in a 
straight line across what now was an active runway! Unfortunately, when 
the base was built, nobody had applied for a diversion of the path - and 
so it still carried full rights. Hence, several campaigners cut through a 
perimeter fence and proceeded to march along [the footpath] as far as 
they could, under the watchful gaze of UK police, RAF Police, and 
disbelieving USAF police. Once a hole was cut, on they went. In for a 
penny, in for a pound I thought, so through I and a couple of other crews 
and a few stills guys went. Well you can guess the USAF police were in 
meltdown (can you imagine this on a prairie in Nevada - the old AK47s or 
whatever it is they use out there would have been on song well before 
this point), but the gentler, reasoning arm of the UK law prevailed, and 
the demo, now about 20 strong, was allowed to progress, by negotiation, 
to within 20 yards or so of the runway, and return to the hole in the 
fence. I remember Catholic Bishop Bruce Kent was amongst them, and 
naturally we got an interview while marching along. Of course, media 
attention was all they were after, and, point made, everyone waltzed back 
through the fence. The USAF police jumped about in the background like 
some sort of bizarre dance act (remember the scene in The Blues Brothers 
with the heroes being chased by SWAT teams 'hut hut hut' etc?) but 
realising they were completely at a loss here. Had they had it their way, 
we would have been leaving in bags...

The moral of the story? You can basically get away with what you can get 
away with. I have to operate within the law, as must we all, by 
conscience. Sure it's been bent a little, but never broken. If you are as 
sure as hell you are within you rights, argue your case, stand your 
corner, but it might be a lot less arduous to be polite, back down, and 
do what I do: pop around the corner of the hedge and grab the shot anyway!

Hope this is of some help, sorry for the length.

Cheers,

Cotty

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