The Really Mobile team were kicked out of Trafalgar Square on Sunday. By a 'Heritage Warden'. It is, it seems, managed by the GLA and there are specific bye-laws relating to filming or taking pictures there [PDF link]:
5. Unless acting in accordance with permission given in writing by (a) the Mayor, or (b) any person authorised by the Mayor under section 380 of the Act to give such permission, no person shall within the Squares:
(11) take photographs or any other recordings of visual images for the purpose of or in connection with a business, trade, profession or employment or any activity carried on by a person or body of persons, whether corporate or unincorporate;
So, without much hope, I fired off a query to the contacts address provided on their website:
Dear Sir / Madam,
On Sunday 6th September I was prevented from making a video recording of two friends visiting Trafalgar Square using a small hand-held camera and a hand-held microphone at Trafalgar Square by a Heritage Warden. The Warden told us that using microphone 'looked professional' and when told it was not for business or commercial purposes, stated that we may not continue and gave no other reason.
I've now read the bye-laws and costs associated with obtaining written permission and under normal circumstances they appear to require a payment of £500 per hour for any activity described as "recordings of visual images for the purpose of or in connection with [commercial activities] or any activity carried on by a person or body of persons". Without the benefit of legal advice, this appears to me to describe any tourist in the square filming friends or family.
Is my interpretation correct and if so why was this rule not enforced uniformly? I was the only person prevented filming and the bye-law makes no provision for Heritage Wardens to determine when, to whom and to which equipment it should be applied.
Ben Smith
My question was answered by Paul Cavanagh from the Facilities & Squares Management Team:
Dear Mr Smith
The Greater London Authority (GLA) is responsible for Trafalgar Square and assesses permissions for photography and filming in the square. One of the GLA's primary concerns is public safety and it is responsible for ensuring that activities on the square are managed and assessed in relation to public safety. Photography and filming are permitted, but there are guidelines in place for commercial use.
Amateur and tourist photography or filming is permitted in Trafalgar Square. As it may be difficult to assess whether a photographer is planning to take images for commercial use, the Heritage Wardens will approach individuals if they have particularly large, expensive equipment, including larger tripods and lighting, or if models and props are present. Photographers and filmmakers not identified as professionals and using standard equipment will not be approached and will normally be permitted to take photographs.
The Heritage Wardens also try to ensure that filming or photographs taken on the Square will not be used commercially. Unfortunately, sometimes the only way to determine a tourist or visitor as opposed to a professional photographer is by looking at the type of equipment they use. Whilst we realise that this may sometimes mean that a keen amateur photographer or filmmaker is prevented in taking photographs for his or her own use, it is often the only way that we can prevent commercial mis-use of the Square.
It appears from your description below that by conducting an interview with a microphone that this could have been construed as professional activity and the Wardens did act correctly within the guidance. Even though you stated that the filming was not for commercial use this statement by itself is not a clear indicator that the filming was for personal use only.
Yours sincerely
Paul Cavanagh Facilities & Squares Management Team
A clear and detailed response, but it didn't really address the problem that Heritage Wardens aren't able to judge what activities are for commercial use. So...
Paul
Thank you for this response.
Please could you clarify how 'keen amateurs' such as myself may use our video equipment in GLA-managed squares. Simply assuring the Heritage Warden that we were not filming for commercial use was not sufficient and we were harassed out of the square on the basis of using a £20 microphone from a high-street electronics store. Oddly other people around us were shooting static imagery with very high-end DSLR cameras and were not disturbed
Ben Smith
And the response...
Dear Ben
If you wish to conduct any further filming on the square can you email trafalgar.square@london.gov.uk with a request detailing what the filming is for with a contact number and we will look at the request for you.
Yours sincerely
Paul Cavanagh
I can't fault Paul for the speed if his responses or the constructive answers - he is not the policy maker - but I am left feeling dissatisfied that - effectively - security guards are able to determine if you can take pictures or recordings around one of London's most famous landmarks. I'm also grateful for the offer of help with any future request, but taking rights away and offering them back on request isn't a good solution.
So long as the other rules about obstructions and safety are observed (which would require permission for anything more than a single handheld camera) the GLA should be obliged to clearly demonstrate filming is for commercial purposes before ejecting people (as they would have had to had we refused to leave). This might allow a small number more dishonest people to film for commercial use, but that price is worth paying to allow fair access for everyone else.
...and who would lose out? All you need to do to take commercial use images at the moment is to disguise your gear enough to fool someone with no knowledge of what professional equipment looks like.
UPDATE: I subsequently participated in the Photolegal podcast as a guest discussing this issue.
COMMENTS: In its previous home on Posterous this post attracted quite a lot of attentions - receiving around 10,000 views and 60 comments of support and advice. Several people responded that they had had similar problems - especially hobbyists using professional-grade equipment or professional photographers shooting recreationally.