nigelw
Second Officer
Flight distance : 518084 ft
United Kingdom
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All good information, thanks. I've seen this before & can see there would be very good reasons for not flying over the Norfolk coastline for conservation & nuisance reasons, since it's a haven for wildlife & in particular, birds.
Regarding ground photography, here is the NT's page related to both commercial & amateur photography. It clearly states "The National Trust does not permit photography or filming at its properties for commercial use or for reproduction in any form without consent from National Trust Images". This is correct, but it's not enforced, with the probable exception of pay to enter property.
For example, if you do an image search on Alamy.com for "Scafell Pike" you will see over 1000 images. If you then go to the Andvanced Search tab & enter "The National Trust" in the Contributor field, you get 4 images. There's no way the majority of those images have any kind of autorisation from the NT. All the NT has to do if they want to enforce their rules, is ask Alamy to remove them. They will certainly be aware of them & have a very good reason to do so, because they're in direct competition with their own images, but they choose not to.
Another example, not from the NT, but to expand on the point, in February, I had an email from Alamy telling me that National Rail had requested removal of two of my images, because they were taken inside National Rail property (St. Pancras Station) without authorisation & this is violating their exclusive intellectual property rights . Alamy had deleted both images & said they would be re-instated if I could prove I had authorisation. A similar email went out to many other contributors the same day & thousands of images were removed. The following day, another email arrived which said, in relation to the first email "Since then Network Rail have sought legal advice and they have changed their opinion. They have said they’re fine to sell editorially." & the images were re-instated.
Now, I'm not suggesting for one minute that any of this means that you don't need permission from the NT to fly a drone from their land, far from it. But it does show that it's not as clear cut as their guidlines would have you believe. Yes, if there are byelaws preventing flying over their land, fair enough. But, byelaws have to relate to specific local areas & with specific reasons which have to be approved by government, such as the Norfolk coastline.
Protecting intellectual property isn't a valid reason, as it's covered by existing UK legislation already which cannot be overridden by byelaws.
I can see I'll need to investigate further & physically go & have a read of the NT byelaws for myself for the areas I'm interested in, or maybe seek legal advice. Not because I want to avoid trying to get permission, but as a backup plan if I can't get permission, which is obviously extremely difficult.
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