{"id":746,"date":"2009-08-25T10:54:32","date_gmt":"2009-08-25T10:54:32","guid":{"rendered":"http:\/\/re-photo.co.uk\/?p=746"},"modified":"2009-08-25T10:54:32","modified_gmt":"2009-08-25T10:54:32","slug":"some-good-news-for-photographers","status":"publish","type":"post","link":"http:\/\/re-photo.co.uk\/?p=746","title":{"rendered":"Some Good News for Photographers?"},"content":{"rendered":"<p>One piece of what I think it good news for photographers, particularly those who post images on line, was reported a few days back by PDN Pulse under the headline <a href=\"http:\/\/www.pdnpulse.com\/2009\/08\/twitter-photographer-asks-sky-news-to-pay-up.html\" target=\"_blank\">Twitter Photographer Asks Sky News to Pay Up<\/a>, though the good news came in a later Twitter update.<\/p>\n<p>Joe Neale only found out from friends that Sky News had used a picture he had posted on  Twitter using Twitpic about a shooting at Waterloo Station without asking him.\u00a0 PDN links to a fuller account on <a href=\"http:\/\/onlinejournalismblog.com\/2009\/08\/19\/what-happened-when-sky-news-took-images-from-twitter\/\" target=\"_blank\">Online Journalism Blog<\/a>, which gives all the details, including that Neale sent Sky an invoice for \u00a3300 plus 5% per week for the time the image remains on the Sky site.<\/p>\n<p>Sky didn&#8217;t contest that the image was copyright &#8211; perhaps because fortunately Twitpic&#8217;s terms on this are crystal clear:<\/p>\n<blockquote><p>By uploading your photos to Twitpic you give Twitpic permission to use or distribute your photos on Twitpic.com or affiliated sites<\/p>\n<p>All images uploaded are copyright \u00a9 their respective owners<\/p><\/blockquote>\n<p>and the update on 19th August from Neale, reported on both sites, was that Sky had agreed to pay up.<\/p>\n<p>A second piece of possibly good news reported by Marc Vall\u00e9e on the <a href=\"http:\/\/www.guardian.co.uk\/commentisfree\/libertycentral\/2009\/aug\/21\/police-terrorism\" target=\"_blank\">Guardian web site<\/a> last Friday (and by others elsewhere) is that the UK Government Home Office have sent out a circular <a href=\"http:\/\/www.homeoffice.gov.uk\/about-us\/publications\/home-office-circulars\/circulars-2009\/012-2009\/\" target=\"_blank\">012 \/ 2009 Photography and Counter-Terrorism legislation<\/a> to the Association of Chief Police Officers in Scotland, HM Inspector of Constabulary and the Association of Chief Police Officers (England, Wales and Northern Ireland) clarifying that anti-terrorism legislation should not be used to stop people taking photographs in public places &#8211; even where these are covered by an authorisation under Section 44 of the Terrorism Act (such as London!)<\/p>\n<p>It makes clear that police should not specifically target photographers, that they should only use the power to stop and search when they reasonably suspect someone to be a terrorist &#8211; not just because they are taking photographs.<\/p>\n<p>Perhaps the weakest part of the advice is on the use of Section 58a which relates to gathering information (for example by taking pictures) of &#8220;persons who are or have been at the front line of counter-terrorism operations, namely the police, the armed forces and members of the security and intelligence agencies.&#8221;<\/p>\n<p>It does point out that officers must have <em>reasonable suspicion<\/em> that the information is likely to be useful to a person committing or preparing an act of terrorism &#8211; such as might be gathering information about the person\u0092s house, car, routes to work and other movements, but this still seems rather vague and far too open to interpretation.<\/p>\n<p>I&#8217;m also unhappy about\u00a0 the comment it makes about the statutory defence of reasonable excuse:<\/p>\n<blockquote>\n<p align=\"left\">Important:Legitimate journalistic activity (such as covering a demonstration for a newspaper) is likely to constitute such an excuse. Similarly an innocent tourist or other sight-seer taking a photograph of a police officer is likely to have a reasonable excuse.<\/p>\n<\/blockquote>\n<p align=\"left\">So far as journalists are concerned this appears to give police the impression that freelances are somehow less legitimate than photographers actually working for a newspaper. I also also see the phrase &#8220;<em>eliciting, publishing or communicating<\/em>&#8221; as covering a much wider range of legitimate practice &#8211; including citizen journalism and blogging.<\/p>\n<p align=\"left\">Whether or not the circular will lead to changes on the ground is also a matter of question. When a leading police commander who has been in charge of many public order situations can show such a woeful ignorance about the UK Press Card  as we saw at the NUJ Photographers Conference earlier this year &#8211; see <a href=\"http:\/\/re-photo.co.uk\/\/?p=660\" rel=\"bookmark\" title=\"Permanent Link: Can Anyone Apply for an NUJ Card who has a Camera ?\">Can Anyone Apply for an NUJ Card who has a Camera ?<\/a> &#8211; I don&#8217;t hold out great hopes.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>One piece of what I think it good news for photographers, particularly those who post images on line, was reported a few days back by PDN Pulse under the headline Twitter Photographer Asks Sky News to Pay Up, though the good news came in a later Twitter update. Joe Neale only found out from friends &hellip; <a href=\"http:\/\/re-photo.co.uk\/?p=746\" class=\"more-link\">Continue reading <span class=\"screen-reader-text\">Some Good News for Photographers?<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6,7],"tags":[],"class_list":["post-746","post","type-post","status-publish","format-standard","hentry","category-photo-issues","category-political-issues"],"aioseo_notices":[],"_links":{"self":[{"href":"http:\/\/re-photo.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/746","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/re-photo.co.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/re-photo.co.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/re-photo.co.uk\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/re-photo.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=746"}],"version-history":[{"count":0,"href":"http:\/\/re-photo.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/746\/revisions"}],"wp:attachment":[{"href":"http:\/\/re-photo.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=746"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/re-photo.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=746"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/re-photo.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=746"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}