Looking towards Cwm Tregalan under Yr Wyddfa. An area owned by the NT and subject to a hefty image rights charge for commercial photographers or even amateurs who sell an image for profit.
Following on from yesterday's news that the National Trust for Scotland was pursuing through their legal representatives a small outdoor company-Hilltrek, based in NE Scotland- for using ‘Glencoe’ in a product description- the company have been making their Glencoe waterproof for 30 years- claiming that as the landowners they enjoy exclusive rights to the name. News has just reached of another quite frankly bizarre interpretation of land ownership by the National Trust; this time here in North Wales.
A commercial photographer who was planning to shoot some action photographs for an outdoor publication on crags which fall within one of the NT’s extensive Snowdonia estates, has been quoted £250 to £400 per hour to carry out his assignment. A fact that will surprise many who like myself believed that while private individuals and organisations like the NT can own the land beneath our feet, those iconic views will eternally remain ours to freely enjoy and capture as we please. The idea that a view be owned by a private individual, business or organisation is almost beyond credibility, I would imagine, to most people.
It's a little known fact that ANY commercial activity-including guiding- on land accessed through the cROW act can incur a charge and landowners can pursue retrospective damages against those engaged in a commercial activity on their land if permission was not granted in the first instance. This would suggest that even an organisation like the Plas y Brenin Mountain Centre would be liable should a private landowner or an organisation like the NT decide to start a legal action against them.
However, while charging for access to privately owned land and waterways is nothing new- even if in this instance, charging individuals, charities and commercial enterprises to climb, walk and paddle within the national park will ring alarm bells- Charging to capture an image within the park certainly rachets up the concept of ownership to a previously unheard of level. I understand that if ‘recognizable landmarks’ are included in an image taken by a commercial photographer, then this will automatically trigger a charge. I guess this could be anything from the summit cafe on Yr Wyddfa to a boat bobbing about on Llyn Gwynant.
As if to emphasise the point, The National Trust Photography Permits Secretary informed my photographer informant that the trust was ‘actively pursuing’ several landscape photographers for damages as they had taken photographs on the Trust’s Snowdonia estates without permission and were using these photographs as stock images. Of course, photographs and video footage taken within the SNP are not only being used in outdoor publications or in advertising features- witness the latest Skoda Octavia advert featuring Bradley Wiggins shot near Capel Curig and the Llanberis Pass. Photographs are also used for greetings cards, calendars and posters by professional photographers.
For every successful landscape photographer whose images might grace a calendar or coffee table book, there will be dozens of photographers who just scrape by a bare living through their craft. Charging an exorbitant £250-400 an hour will just not be an option in many cases for those who fall within this latter category.
Another aspect to consider is retrospective damages filed against individuals or the estates of deceased photographers whose iconic images perhaps taken 70 years ago, might still be being used today? Although I understand this draconian action is unlikely, it still has to be considered an option for an organisation who believes it owns not just the land but the visual perspective.
I also have to pose the question, if images taken on Trust estates are liable to incur a charge, will this apply to Google Earth, a global media giant who have photographed and published online, every inch of Snowdonia.Given that Google is a commercial enterprise I can only presume that they have either paid what would be a considerable sum or possibly, being US based, are exempt from these charges? Then there are organisations like The Climbers Club. As someone who was involved in the production of the last Ogwen guidebook which is liberally sprinkled with dozens of action and crag images, will this non commercial club find itself liable for damages, for the guidebook is after all,a commercial venture. Being sold in book and outdoor gear shops?
What is self-evident is that the National Trust is once again acting in a heavy handed manner against small commercial enterprises who access their estates within the park. In this case, it’s not claiming exclusive naming rights to a Snowdonia location-although I guess it's a good job that Snowdon Mouldings don’t exist anymore! - It’s claiming ownership of a visual perspective and by any token, that is an incredible abuse of land ownership rights, and a move that is likely to disturb photographers and film and video makers who use the Snowdonia National Park regularly in a professional capacity.