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Post by Chris W on Aug 2, 2005 12:15:49 GMT
Gents
When I was at Liverpool Street station last year in my lunch break (I work just around the corner) I popped into the station master's office to ask for permission to take photos on platforms 8/9 of 86's. I was given a full health & safety instruction & was very surprised to be told that use of camera tripods is forbidden (including camera sticks/poles).
I was informed that the reason behind this is that it has been known for 'professional' claimants to intentionally walk towards photographers, tripping themselves over the equipment and then try to sue the photographer &/or National Rail.
Similarly when I was at Waterloo Station asking for permission to take photographs of the Mk1 stock earlier this year, I was asked to prove by the station manager that I did not have/was going to use a tripod (not that I own one).
In everyone's experience is this just an excuse or a legitimate concern?
I have to say that I have never been refused permission to take photos on any station (of course complying with regulations e.g. flash photography etc.)
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Post by Deleted on Aug 2, 2005 13:47:05 GMT
I'm glad you remember to switch off your flash - nobody else seems to! I seem to get blinded by tourists about twice a week.
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Post by Deleted on Aug 2, 2005 13:53:57 GMT
Interesting, last year I filmed some stuff at liverpool street [after having signed their visitor book and been given a pass of course] and they said nowt about either my ancient university camera and tripod. Although, I was filming on the concourse and walkways rather than the station platforms, maybe it's different rules for that bit.
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Post by chris on Aug 2, 2005 14:14:42 GMT
Are you meant to ask for permission? I never do at local stations or when i filmed some tube trains.
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Post by Chris W on Aug 2, 2005 14:50:46 GMT
In reply to (another) Chris - I was approached at Kings Cross by a member of station staff a few years ago and was remonstrated with about why I had not sought permission prior to taking any photos Whilst I was not thrown out of the station I was made to feel very uncomfortable and that my presence at the station was not welcome and that I was a hindrance (I was just standing at the end of platforms taking photos without the flash and on the public side of the fence). Ever since this incident I have tried to at least make station staff aware that I am on the station (as a photographer for personal interest only and not press/for publication). I am also aware within RAIL magazine of readers having bad experiences at the hands of over zealous railway/security staff & police
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Post by Deleted on Aug 2, 2005 15:26:45 GMT
Are you meant to ask for permission? I never do at local stations or when i filmed some tube trains. It seems entirely to depend on what you look like. Although not a professional film crew, all our university equipment is the same TV industry standard gear so we generally have to go to the station offices and say "hey we're students not a production company being cheap and trying to do it for free please let us film".
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Post by Dstock7080 on Aug 2, 2005 16:05:45 GMT
Reasonably regularly in the Traffic Circular to staff a note is placed saying: (not verbatim)
persons can take photographs for private purposes WITHOUT permission. The use of tripods and the use of flash photography is NOT permitted. Persons wishing to take photographs for commercial use or members of the Press, BBC, itv etc. should be directed to the Press Office for a Permit to be issued.
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Post by Chris M on Aug 2, 2005 23:38:46 GMT
Are you meant to ask for permission? I never do at local stations or when i filmed some tube trains. At mainline stations I've only twice been approached abotut permision, once at Bristol Temple Meads (run by FGW) where the rather snotty member of platform staff asked me to show them what photos I had taken (which I did) and then gave me a lecture on how it is strictly forbidden to take photographs of staff (not that I had taken any of staff) and how inconsiderate I was for wasting his time (he went out of his way to speak to me). I was then directed to the customer help desk to get permission. The chap there was much friendlier, said that as long as I wasn't taking photos for commerical reasons I was fine. He gave me a very short H&S briefing (dont' go down any of the ramps, keep at least 2 metres back from moving trains, "and just common sense stuff really") and told me about the fire alarm and where the assembly point is (in the covered car park) and that was it. He didn't need me to sign in or anything (as the platform chap said) and didn't mention anything about staff. The other time was at Newcastle where a member of platform staff just checked I wasn't taking photos for commercial purposes, and that was that. I think it really just depends on the staff member in question (at least for national rail). Chris
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Colin
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Post by Colin on Aug 3, 2005 2:14:36 GMT
If you're doing it only for youself, you do not need permission on LUL or any TOC platform. I think that it would be wise to speak to station staff first though - it could save yourself potential hassle.
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Post by Admin Team on Aug 3, 2005 8:46:36 GMT
Because of the confusion that seems to predominate on this subject, some months ago I did put up a page on the topic on my web site which can be viewed at www.trainweb.org/districtdave/html/photos_on_lu.html - it even links to the appropriate section within the Conditions of Carriage. BUT - bearing in mind 'recent events' - I'd suggest that a little caution and commonsense be used in the present atmosphere. 'Tourist' photos (as alluded to by ADW) are one thing, but if you're taking photos of any more 'specific' details, you might get some raised eyebrows. Please bear that in mind, and respect the reasonable requests of staff and/or police.
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Post by Colin on Aug 4, 2005 2:53:13 GMT
Was doing the last Richmond again last night. As I arrived at East Ham I saw a person on the ramp side of the barriers, well when I say saw, it was only cos they had a white tracksuit on. Anyway I blew the whistle as I hit the platform, when I get a flash in the face. This person is taking photo's at midnight on the ramp of a platform as trains pass doing around 35mph - and using a flash !! And people wonder why rail staff get upset Fortunately, as there were staff on the platform to give me the green light (last train procedure), this person was told of their error before I could express my thoughts. On the plus side, said moron was female - so I suppose we should be glad of another female enthusiast ;D ;D
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Post by Christopher J on Aug 4, 2005 23:22:16 GMT
I was at Cannon Street NR a few months ago when 1001 (Southern Region Class 201 DEMU) was on a Railtour from Cannon Street to Hastings in the evening. (around 18:00 IIRC) There was at a guess over 100 enthusiasts taking Photo's on the Platform and many more who had paied to go on the tour on the Train, I was standing with the Railtour for a good 20mins as I wanted to get a Photo of it departing. (by the way I do not own a tripod) After I had I was the last person to leave the platform and an SE Trains Customer Assistant approached me and said 'why were you taking Snaps of that Train?' and I replied 'Because it was a Railtour'' he then replies 'delete your snaps now!' in a very aggressive voice, I was in a mood to tell him to f**k off (obviously I wouldn't have... But the way he said it to me made it tempting...), didn't he notice the other 100 enthusiasts taking Photo's too!? (And he DID know we were present on the Platform, as he was just up the other end of the Platform watching us!) Luckily I know a little trick on my Camera to make it say 'All Files Deleted' on the screen without actually loosing any material at all. ;D I done it and showed it to him and he walked away without saying anything else. Me - 1, Aggressive CA - 0 ;D Here's a Photo: chrisjolly.sphosting.com/1001_CannonStreet.jpgI've never had any trouble taking Photo's before, all the staff who have approached me have said in a calm welcoming voice that it’s fine as long as I don’t' go into any place of danger, which I obviously don't do.
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Post by Deleted on Aug 5, 2005 0:00:34 GMT
Another question that I could possibly ask you is, when I was recording a pacer going past down the field, he blew his horn when he passed me.
Now although only being about 5 metres away, I was well behind a fence.
Was he warning me I was too close or was he just saying hello?
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Colin
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Post by Colin on Aug 5, 2005 2:00:24 GMT
Probably a bit of both ;D
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Post by Chris W on Aug 5, 2005 7:37:11 GMT
I was the last person to leave the platform and an SE Trains Customer Assistant approached me and said 'why were you taking Snaps of that Train?' and I replied 'Because it was a Railtour'' he then replies 'delete your snaps now!' in a very aggressive voice Fortunately for Chris J he was able to successfully 'negotiate' his way out of this situation. However can railway staff demand and force someone to comply to delete photos or take the camera from a photographer and delete the photos themselves? What are the possible consequences of refusal on grounds that the request/demand is unreasonable? At this time of heightened security is it still fair for railway staff make this request/demand and expect a responsible photographer to comply without question?
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Post by piccadillypilot on Aug 5, 2005 9:21:34 GMT
However can railway staff demand and force someone to comply to delete photos or take the camera from a photographer and delete the photos themselves? No, it would be theft.
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Post by banana on Aug 5, 2005 10:46:29 GMT
However can railway staff demand and force someone to comply to delete photos or take the camera from a photographer and delete the photos themselves? No, it would be theft. It wouldn't be "theft" as that would involve taking possession. Why anyone should comply with the request though I don't know.
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Post by compsci on Aug 5, 2005 11:05:44 GMT
Maybe not theft in the classical sense, but certainly not legal either.
It might even go as far as breaking the unauthorised modification section of the Computer Misuse Act, depending on the interpretation of what a computer is, which IIRC carries a maximum 5 year custodial sentance.
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Post by piccadillypilot on Aug 5, 2005 12:03:57 GMT
It wouldn't be "theft" as that would involve taking possession. No, taking possession is not a requirement of the Theft Act, merely depriving the owner of it. See para 1 at Law Teacher
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Post by suncloud on Aug 5, 2005 13:42:13 GMT
Photographs (unless subject to an overiding contract) are the (Intellectual) property of the photographer - regardless of subject. And I'm fairly sure that refers to the image, and doesn't have to mean something physical... So why shouldn't it be theft, or an equivalent offence if someone forcefully deletes your photographs.
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Post by q8 on Aug 5, 2005 14:31:28 GMT
So why shouldn't it be theft, or an equivalent offence if someone forcefully deletes your photographs. ------------------------------------------------------------------------
and a possible breach of someone's copyright too I should think.
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Post by banana on Aug 5, 2005 15:34:08 GMT
It wouldn't be "theft" as that would involve taking possession. No, taking possession is not a requirement of the Theft Act, merely depriving the owner of it. See para 1 at Law TeacherInteresting that, didn't know that. Anyway I counter with that it has to be "dishonest"., Which is includes the definition (from your link) "A person s appropriation of property belonging to another is not to be regarded as dishonest- (a) if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person" I expect this would apply in this case
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Post by piccadillypilot on Aug 5, 2005 15:45:23 GMT
Anyway I counter with that it has to be "dishonest"., Which is includes the definition (from your link) "A person s appropriation of property belonging to another is not to be regarded as dishonest- (a) if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person" I expect this would apply in this case The cause of that belief would have to be examined and if not instilled by an official policy the individual doing the depriving could still find themselves in deep doo doo. However, lack of dishonesty does not mean that the item/s concerned have not been stolen. It would, I suspect, influence any penalty though. Since there is nothing in LU rules or bylaws that gives staff the authority to prevent people taking photos any member of staff would be on very dodgy ground if they did try to destroy any photos. In fact the only instruction to staff is that they may give permission if it is asked for. It doesn't say they can stop anyone.
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Post by piccadillypilot on Aug 5, 2005 15:49:56 GMT
and a possible breach of someone's copyright too I should think. Breach of copyright only exists where unauthorised use is made of an image or a piece of prose, i.e. someone puts a photo or an article or story in a book or on a website. If it is then used by someone else without asking permission or giving due credit (and/or payment) the author's (i.e. the creator) copyright is breached and he has (nominally at least) recourse to law.
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Post by q8 on Aug 5, 2005 15:57:48 GMT
Thanks for the clarification PP
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