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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Sir / Madam, Is there any law preventing me from publishing

Resolved Question:

Sir / Madam,
Is there any law preventing me from publishing in the UK a photo I took in Paris inside a famous cafe?
Regards,
Jose
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,
No, there is no such law.
You are free to publish your photo.
May I help further?
Customer: replied 3 years ago.

Hi,

Thank you for your prompt reply, which is most helpful.

The situation is as follows. I currently work for a UK author, who has commissioned photos to be taken in Paris, some of which we took inside some of the cafes. I

did contact the owners of the cafes in advance of our journey to make sure we had permission to shoot inside their properties, but only one of the owners replied saying he would get back to us as soon as he was back in France.

We went to Paris in the meantime and took the photos without any problem whatsoever. We have also went through the trouble of avoiding any direct photos of people's faces.

Now back in the UK the publisher - which is a major publisher - is telling us they cannot publish the photos without permission from the owner and the people inside the cafe.

They are also telling us that only photos shot outside the property can be used. I am not aware of French laws, nor of any bearing they could possibly have in the UK.

Are there any grounds to such claims? What is the book's later editions are published worldwide, or sold on amazon for instance?

Regards.

Expert:  UKSolicitorJA replied 3 years ago.
A cafe is a public place and unless there was a sign expressly prohibiting photography in the cafe, you took a photo in a public place and as such are free to publish it under English law. I cannot advise on French law obviously.
There is therefore no valid ground to the publishers demands in my opinion, however, if they insist on you getting permission from the owner and people inside the cafe, then I am afraid you would be better off complying with the publishers requirement rather than challenging it.
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Customer: replied 3 years ago.

Thank you for you brevity, and clarity.

This is really most helpful,

Best regards.