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Publishing photos taken in Kruger

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woodlin
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Publishing photos taken in Kruger

Unread postby woodlin » Fri Oct 02, 2009 8:31 am

Following Baobab Boy's "dig" at Martie, please fill me in on this. Surely I can do anything I want to with a photograph I have taken in Kruger? Please clarify someone - thanks!
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Re: Publishing photos taken in Kruger

Unread postby Rooies » Fri Oct 02, 2009 9:06 am

woodlin wrote:Following Baobab Boy's "dig" at Martie, please fill me in on this. Surely I can do anything I want to with a photograph I have taken in Kruger? Please clarify someone - thanks!


Say again woodlin!, Who said what where and when? Please give directions.
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woodlin
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Re: Publishing photos taken in Kruger

Unread postby woodlin » Fri Oct 02, 2009 9:33 am

AWB, Baobab Boy commented on the blog yesterday or day before, that Martie must remember that she is bound by the Copyright laws if she were to publish a book on her "Living my Dream". Martie told him off nicely and said she was well aware of the rules and would pay any loyalties that were due s should she ever publish a book - although BB thought she was somewhat rude :lol:

Any thoughts and comments??
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Re: Publishing photos taken in Kruger

Unread postby DinkyBird » Fri Oct 02, 2009 9:55 am

Woodlin - if you take a photograph in any SANParks for commercial gain, you are bound to pay over the necessary fees to SANParks. These vary for different situations. This is a practice that has been in place for many years.


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I do not think much will be achieve to discuss interaction on the blog between Martie and folk who make comments. Lets move on :thumbs_up:
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Re: Publishing photos taken in Kruger

Unread postby dadfap » Fri Oct 02, 2009 10:49 am

Dinkybird,

The tarrif document is quite specific in that it refers to "Commercial Businesses". As martie is there as a tourist (also luckiest person I know at the moment) she is not bound (ethically) at least should she publish a book. I suspect that martie would be the type of person who would gladly pay SANPARKS a royalty or some sort of other payment, she's THAT type of person.
So, the question is: If you are not a commercial enterprise and the decision is made to publish a book of some sort, and IMHO her adventures and photos would make a great short book that would add value to SANPARKS, how does the Tarrif apply? :huh:
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Re: Publishing photos taken in Kruger

Unread postby DuQues » Fri Oct 02, 2009 10:52 am

Easy.
If you stand to make financial gains from selling photographic material made in one of the parks you have to pay the license.
Be it in a book, a website, or any other way.
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Re: Publishing photos taken in Kruger

Unread postby iNkwazi » Fri Oct 02, 2009 11:02 am

What's to stop people from taking photos posted by forumites simply sharing their photos anywhere on this forum (and there are some very, very good ones) and using them in a book, website etc. They could argue that they never took the photos themselves? (I, for one, dont put a copyright on mine).
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Re: Publishing photos taken in Kruger

Unread postby TheunsH » Fri Oct 02, 2009 11:17 am

Well, it doesn’t make a lot of sense to me! Why must I pay SANParks for animal photos taken by me with my expensive camera while on holiday in KNP when I’m using such photos for commercial purposes? It makes sense if I’m using photos taken by SANParks or other photographers though.

Am I wrong when saying that all animals in Kruger belong to all of us…after all it is our National heritage? If so, why must I pay for a photo taken by me of an animal belonging to me as well...? :hmz:

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Re: Publishing photos taken in Kruger

Unread postby Rooies » Fri Oct 02, 2009 11:17 am

I don't want to start another Tamboti leopard type of argument but I think that the decision to charge members of the public if they want to use pictures taken in Kruger could be challenged in the Constitutional Court. If I want to publish a book about the big rivers of the world and decide on a chapter on the Nile river, does it mean that I have to pay all the countries that it flows through, from Uganda to Egypt?

The pictures that were taken by Martie was not arranged for her. Nobody lined up the animals for a picture, arranged the lighting or set the cameras for the best picture. It was her own ingenuity. To illustrate further, if an animal was darted and collared in Kruger, move on to private land, does one still have to pay if a picture is taken there for commercial purposes.
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Re: Publishing photos taken in Kruger

Unread postby Siobain » Fri Oct 02, 2009 11:30 am

I truly believe if any of us benefited a substantial income from photos taken
at any SanPark, most of us would be happy to aid conservation in any
way we possibly could, I would like to know that the money I contribute goes
where I want it to go. To voluntarily donate is one thing, to be forced to
do so where you have no control over where those funds end up, pushes the
envelope a bit.
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Re: Publishing photos taken in Kruger

Unread postby RUMURUTI » Fri Oct 02, 2009 11:34 am

AWB wrote:I don't want to start another Tamboti leopard type of argument but I think that the decision to charge members of the public if they want to use pictures taken in Kruger could be challenged in the Constitutional Court. If I want to publish a book about the big rivers of the world and decide on a chapter on the Nile river, does it mean that I have to pay all the countries that it flows through, from Uganda to Egypt?


Fully agree with you on this.
Just want to point out my direct experience on selling my pictures to tour operators and travel agencies.
I travel once/twice a year to Kenya exclusively for photography and take pictures in the various national parks which I then sell, or grant free use, to European TO's and travel agencies.
To do so I have reached an agreement for a flat per trip fee with the competent government offices and which I pay in advance before every trip. These fee's are to all effects royalties for commercial photograph in the national parks and allows me to then commercially sell the pictures.
I know that if I were to sell or use commercially an of my Kruger pic's I would have to do the same with Sanparks.

Just my experience.
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Re: Publishing photos taken in Kruger

Unread postby Imberbe » Mon Oct 05, 2009 2:39 pm

The facts are that SANParks provides the facilities and the opportunity for those photos to be taken. They are also the custodians of the animals, plants and scenery of which the photos are taken. They look after them ... this costs money.

I agree with all of you that most of us would not mind giving some money should we make some money. But unluckily the world out there does not work like that. Many people have made lots of money out of SANParks in this way, without paying anything more than the regular tourist next to him. This needed to be addressed.

SANParks needs to make money, to enable them to survive and even better, to grow their conservation mandate. Getting some income from commercial photography is one such a source of income. SANParks would be very naive not to use this. If you were to go to any place such as say the Smithsonian or Disneyland, and take photos to publish as say a commercial book, you would have to pay for that. Simply paying your entry fee will not do. It is the same principal, and there is nothing unconstitutional about that.

SANParks has always made it clear that they are not after the little guy, publishing a photo here or there. But they need to have a policy in place, and enforce it as far as it is practical to do so.

There is really no need to get upset about this, it has been in place for years, and have they ever charged you for your holiday snaps?
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Re: Publishing photos taken in Kruger

Unread postby RUMURUTI » Mon Oct 05, 2009 3:11 pm

Morning Imberbe,
Has SANParks already got a fixed tariff for photograph's sold by individuals?
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Re: Publishing photos taken in Kruger

Unread postby Imberbe » Mon Oct 05, 2009 3:44 pm

Hi! :wink:

I really know very little about the details.

You can get more information from Zakiya at zakiyaf@sanparks.org. She will be able to help you. :thumbs_up:
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Re: Publishing photos taken in Kruger

Unread postby Rooies » Mon Oct 05, 2009 3:51 pm

I do not wish to take the legality issue further but if photo's are taken and published in a coffee table book, would that not be excellent marketing for Sanparks. And that will not cost Sanparks a cent?

Again I think it would be hard on Martie because I do not think it was her intention from the start of her trip to make money out it. Calculated on the lowest tariffs, Martie will have to fork out R292 000,00. Eish!
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