Railway Filming and photography - making money from private videos and photos

 
  stuie83 Junior Train Controller

Location: Stawell
I done a bit of a search and i can't find any information on what i wanted to know.
Is there any problem with selling video/dvd and pictures of trains that i film and photography.
Do i have to get permission from the railway company's is what i want to know?

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  Valvegear The Ghost of George Stephenson

Location: Norda Fittazroy
I'm no lawyer, but I can't see why you should need anyone's permission. Trains, planes, automobiles etc are all in the public domain.
The only area where you must take care is to keep off tracks, railyards etc where you have no right to be. Photographing from trackside, or roads, or bridges then relies on your common sense to park legally, and to not risk your life by standing or running where a car can hit you.
  Gwiwer Rt Hon Gentleman and Ghost of Oliver Bulleid

Location: Loitering in darkest Somewhere
The rules are fairly standard though local variations can apply.

Still photographs taken from public land or places where the public is given access to (such as the public areas of railway stations) and only for personal use do not require permission.

All other photography normally does require the permission of the subject concerned.  

Most passenger operators have a clause on their websites advising this and how to apply.  They are covering their corporate bottoms as much as anything and at the same time they have a duty of care to protect the interests of their staff and customers.  Those people might not have any right of objection if their still image is captured but not re-used.  They do have some rights if there is sound recording, moving film or any form of commercial gain is intended (whether or not successfully sought).

You might also need to have model release forms completed and signed by any recognised individuals before their image can lawfully be published for financial gain.  

You are entering a potential minefield when you submit images for publication or electronic transmission other than via private hosting sites such as Flickr or SmugMug on a personal account.  You are also required to pay any fees the land owner requires.  

If your intention is to take "private" pictures / videos and sell copies or prints you are still considered to be taking pictures for commercial purposes as the intent is financial gain and once sold you lose control over what happens with the image / copies sold.

Note that this also applies to image capture from public land filmed "over the fence" and from private land you have permission to be on for image capture as well since you are still making the railway (or what ever) and people using it the subject of your images.  And you are still intending to gain financially from your endeavours.

The same applies to commercial filming on or of streets including tramways.
  stuie83 Junior Train Controller

Location: Stawell
thanks for your help, Valvegear rules are a good start to anyone filming and taking photos of trains.
What ive been told is there is not problem filming trains, if you do it all legally.

Talked to a few people and things to remember when filming or taking photos.
1. Dont film or take photo of the public or workers, you will require the permission from the people concerned, if your going to publish it.
2. There are a few things about copyright, not to use there company names on the videos

if your in melb filming this site is a good start http://www.metrotrains.com.au/filming-and-photography and i didn't know that No photography of any sort is permitted in the City Loop, including Parliament, Flagstaff and Melbourne Central stations.
  Hitachi_178M Hitachi's Are Us

Location: Portland/Heywood/Hamilton
i didn't know that No photography of any sort is permitted in the City Loop, including Parliament, Flagstaff and Melbourne Central stations.
stuie83
i read that to but how is there rail dvd's with them places in them?
  petan Chief Commissioner

Location: Enjoying dinner onboard the QR
I done a bit of a search and i can't find any information on what i wanted to know.
Is there any problem with selling video/dvd and pictures of trains that i film and photography.
Do i have to get permission from the railway company's is what i want to know?
stuie83
Stuie83, there are many commercial modern Aussie train DVDs at my local council lending library. I wonder if all their producers asked permission although their products clearly are intended to make a profit????  Many commercial Aussie train videos for sale at most model train shops! Hitachi 178M also illustrates a similar observation to mine....

NB: I am not a lawyer but only report what I see in commercial shops so draw your own conclusions.
  Gwiwer Rt Hon Gentleman and Ghost of Oliver Bulleid

Location: Loitering in darkest Somewhere
There are protocols in place to obtain permission for commercial filming.  If that is what you intend those are the ways you can get permission.  Other than that there is the media who again have their own protocols in place to film and broadcast / publish items of newsworthy interest.  

Setting up your video camera, reeling off hours of action, uploading it and offering copies of the file for sale or selling as DVD (or other hard copy media) is not on.  You are required to have full permission from the land owner / operators and may have to pay to have one of their staff with you as a look-out or safety person.
  Newcastle Express Chief Commissioner

Setting up your video camera, reeling off hours of action, uploading it and offering copies of the file for sale or selling as DVD (or other hard copy media) is not on.  You are required to have full permission from the land owner / operators and may have to pay to have one of their staff with you as a look-out or safety person.
Gwiwer
If you're setting up on public land, such as footpath for example taking pictures of trains (or other transport modes), then they can't do anything about it.
  Poath Junction Chief Commissioner

Location: In front of a computer most of the time.
If you're setting up on public land, such as footpath for example taking pictures of trains (or other transport modes), then they can't do anything about it.
Newcastle Express

Public land (that is land owned by the State, not land privately owned but made available to the public) is subject to many many conditions. Unless you investigate the conditions that apply to a specific location your blanket statement "...then they can't do anything about it." is going to bite you on the smeg very quickly.

There are 100's of pieces of legislation in every state dealing with the issues a photographer might face and will need to be aware of, such as what are the laws that come into play when a tripod is put on the ground (hint, start with OH&S legislation for that answer). Then there's legislation such as the Sydney Harbour Foreshore Authority Regulation 2006 (NSW) which has serious ramifications if you want to take a picture of a train crossing the Harbour Bridge and use it for commercial purposes, even if you took that picture from a public area. Then there's the confusing issues of public areas (area's owned by the State) versus public areas (private locations the public is allowed to go) and how do you know which type of land you're actually standing on.
  bevans Site Admin

Location: Melbourne, Australia
I like taking photos but there to many mean people that pick on me for beeing special. They call me spastic and a loooser. I can't get a gifeiend and they puck on me that to. It makes me cry some days.

If this is you Kobey see your PM's. Let's not make this worse than it has to be.

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