by Gwyn Headley
We recently received the following email from English Heritage:
We are sending you an email regarding images of Stonehenge in your fotoLibra website. Please be aware that any images of Stonehenge can not be used for any commercial interest, all commercial interest to sell images must be directed to English Heritage.
It’s kind of them to think of us, but this raises a number of questions.
Firstly, what legitimacy do they have for this claim? Is there any law that states that it is illegal to use images of Stonehenge for any commercial interest? Can someone direct me to it?
Secondly, if an image of Stonehenge is so used, how could they possibly police the usage? A quick browse through a number of rights-managed and royalty-free online picture libraries produced the following:
iStockPhoto (a US owned company) has 513 images of Stonehenge
Fotolia (US) has 648 images of Stonehenge
Dreamstime (US) has 670 images of Stonehenge
Shutterstock (US) has 737 images of Stonehenge
All the above sites sell images on a royalty free, unrestricted usage basis. If anyone buys a royalty free image from one of these suppliers then he’ll be using it as, where and when he likes, without asking English Heritage’s permission. How will they stop that?
Alamy (UK) has 1130 images of Stonehenge
GettyImages (US) has 860 images of Stonehenge
Corbis (US) has 426 images of Stonehenge
fotoLibra (UK) has 223 images of Stonehenge
Photo 12 (FR) has 114 images of Stonehenge
These are mainly rights managed. Rights managed images are essentially designed for a specific and time limited usage, and they’re more controlled and controllable than RF images.
Has every picture library with images of Stonehenge received this email? If we really are breaking the law by selling images of Stonehenge to be used for any commercial interest, then of course we will cease and desist immediately. However nothing in the National Heritage Acts (1983, 2002) which brought English Heritage into existence refers to their right to prevent the sale of images of any of their properties. In any case it must be legal to display them for sale if we intend to sell them for non-commercial (i.e. editorial) rights-managed usage.
If English Heritage wants to stamp out the unlicensed, unregulated, unlimited usage of RF images of Stonehenge they will have to talk to the people who hold those sorts of images for sale. In a large number of cases they will find that the picture libraries or stock agencies who hold these images are owned by foreign nationals who are not subject to British jurisdiction, who are based overseas, who have no connection, emotional attachment or even necessarily fondness for the United Kingdom.
Why the hell should they listen to a powerless quango which wants a slice of their profits? English Heritage is the current custodian of Stonehenge. It has been their responsibility for 27 of the monument’s 4,500 year old history. And they want to own the image rights to the site. (BTW It’s well known in the Headley family that our great x 170 – grandfather Elfis carved the stones for Stonehenge out of the Presley mountains in Wales, so our claim to the site is far longer than English Heritage’s nano-ownership (o.oo6% of the lifetime of the henge)).
In a recent blog post I noted the plight of a property owner in San Francisco who took the HSBC Bank to court for using a photograph of his house in a promotional leaflet without his permission. He lost, seven times over. That doesn’t set a strong precedent for EH or the National Trust or indeed any owner whose property can be seen from public land. Google Earth and Google Maps have pretty clear images of the place, as well.
OK, English Heritage’s email did not ask us to remove the images of Stonehenge from fotoLibra. But they did use imperative, urgent words like ‘can not’ and ‘must be’. I am ready to be proved wrong, but I don’t believe there is any legal substance behind the request. How can there be? Look at this:
Photo © Clive Morgan / fotoLibra
What if we photograph the place from the air? What law can we possibly be breaking here?
While we’re looking at Clive‘s photograph, who built that ugly tarmac footpath cutting through the sacred ring?
Quis custodiet ipsos custodes?