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	<title>Comments on: Discordant Photography?</title>
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	<link>http://wildfalcon.com/archives/2006/02/01/discordant-photography/</link>
	<description>Laurie Young: Scrum Master, Dancer, Photographer and Entrepreneur</description>
	<lastBuildDate>Wed, 11 Jan 2012 12:24:00 +0000</lastBuildDate>
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		<title>By: olusegun okanlawon</title>
		<link>http://wildfalcon.com/archives/2006/02/01/discordant-photography/comment-page-1/#comment-27426</link>
		<dc:creator>olusegun okanlawon</dc:creator>
		<pubDate>Fri, 23 Oct 2009 19:30:10 +0000</pubDate>
		<guid isPermaLink="false">http://blog.wildfalcon.com/archives/2006/02/01/discordant-photography/#comment-27426</guid>
		<description>how can i apply for london underground permit</description>
		<content:encoded><![CDATA[<p>how can i apply for london underground permit</p>
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		<title>By: Libby</title>
		<link>http://wildfalcon.com/archives/2006/02/01/discordant-photography/comment-page-1/#comment-9688</link>
		<dc:creator>Libby</dc:creator>
		<pubDate>Sun, 29 Apr 2007 18:01:01 +0000</pubDate>
		<guid isPermaLink="false">http://blog.wildfalcon.com/archives/2006/02/01/discordant-photography/#comment-9688</guid>
		<description>Winston, there is such a thing as the railway byelaws which you can be required to attend a 
magistrates court for. Trust me the underground does concern itself with criminal law and BTP 
enforces it. The railway network is still considered a priority target for terrorists and as 
such the PCSO&#039;s (note they are not police officers but are civilian staff) were within their rights 
to talk to you to determine if any offences was being committed. Photographs were taken over a long
period of time during rush hour and would have been viewed as surveilance. Photographs of sensitive 
areas are not allowed.

In regards to providing their collar numbers, the Police and Criminal Evidence Act 1984 which covers 
stop and accounts does not state that this must be given but only that the reason for the stop be 
provided. You are getting confused with stop and searches but there is no mention of a search.</description>
		<content:encoded><![CDATA[<p>Winston, there is such a thing as the railway byelaws which you can be required to attend a<br />
magistrates court for. Trust me the underground does concern itself with criminal law and BTP<br />
enforces it. The railway network is still considered a priority target for terrorists and as<br />
such the PCSO&#8217;s (note they are not police officers but are civilian staff) were within their rights<br />
to talk to you to determine if any offences was being committed. Photographs were taken over a long<br />
period of time during rush hour and would have been viewed as surveilance. Photographs of sensitive<br />
areas are not allowed.</p>
<p>In regards to providing their collar numbers, the Police and Criminal Evidence Act 1984 which covers<br />
stop and accounts does not state that this must be given but only that the reason for the stop be<br />
provided. You are getting confused with stop and searches but there is no mention of a search.</p>
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		<title>By: Winston Smith</title>
		<link>http://wildfalcon.com/archives/2006/02/01/discordant-photography/comment-page-1/#comment-2908</link>
		<dc:creator>Winston Smith</dc:creator>
		<pubDate>Fri, 09 Jun 2006 22:41:09 +0000</pubDate>
		<guid isPermaLink="false">http://blog.wildfalcon.com/archives/2006/02/01/discordant-photography/#comment-2908</guid>
		<description>Dude, I think you are confusing criminal and civil law.

The terms and conditions of filming (or taking photographs) on the Underground is a simple commercial contract between yourself and the London Underground. There is nothing in English Law which would forbid the taking of photographs on the Underground, and to make doing so a criminal offence. It would be up to the London Underground to persue the matter through the Civil Courts, which does not concern itself with criminal matters.

In short, the Police have lied to you. I would make a complaint if I were you, it seems as if you may well have a case to claim compensation, especially if you are a professional, you can also claim back the money you would have made by selling the photos which were &#039;deleted&#039;.

Good luck.</description>
		<content:encoded><![CDATA[<p>Dude, I think you are confusing criminal and civil law.</p>
<p>The terms and conditions of filming (or taking photographs) on the Underground is a simple commercial contract between yourself and the London Underground. There is nothing in English Law which would forbid the taking of photographs on the Underground, and to make doing so a criminal offence. It would be up to the London Underground to persue the matter through the Civil Courts, which does not concern itself with criminal matters.</p>
<p>In short, the Police have lied to you. I would make a complaint if I were you, it seems as if you may well have a case to claim compensation, especially if you are a professional, you can also claim back the money you would have made by selling the photos which were &#8216;deleted&#8217;.</p>
<p>Good luck.</p>
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		<title>By: A friend indeed</title>
		<link>http://wildfalcon.com/archives/2006/02/01/discordant-photography/comment-page-1/#comment-309</link>
		<dc:creator>A friend indeed</dc:creator>
		<pubDate>Wed, 08 Mar 2006 18:14:18 +0000</pubDate>
		<guid isPermaLink="false">http://blog.wildfalcon.com/archives/2006/02/01/discordant-photography/#comment-309</guid>
		<description>On a seperate note, if they did not put their collar numbers on the stop form that you were given, then that constitutes an illegal search. Check this link out from the British Transport Police on this subject:

http://www.btp.police.uk/documents/stopandsearch/Stop%20and%20Search.pdf</description>
		<content:encoded><![CDATA[<p>On a seperate note, if they did not put their collar numbers on the stop form that you were given, then that constitutes an illegal search. Check this link out from the British Transport Police on this subject:</p>
<p><a href="http://www.btp.police.uk/documents/stopandsearch/Stop%20and%20Search.pdf" rel="nofollow">http://www.btp.police.uk/documents/stopandsearch/Stop%20and%20Search.pdf</a></p>
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		<title>By: olusegun okanlawon</title>
		<link>http://wildfalcon.com/archives/2006/02/01/discordant-photography/comment-page-1/#comment-295</link>
		<dc:creator>olusegun okanlawon</dc:creator>
		<pubDate>Wed, 08 Feb 2006 14:53:46 +0000</pubDate>
		<guid isPermaLink="false">http://blog.wildfalcon.com/archives/2006/02/01/discordant-photography/#comment-295</guid>
		<description>how can i apply for london underground permit</description>
		<content:encoded><![CDATA[<p>how can i apply for london underground permit</p>
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		<title>By: Rupert Goodwins</title>
		<link>http://wildfalcon.com/archives/2006/02/01/discordant-photography/comment-page-1/#comment-292</link>
		<dc:creator>Rupert Goodwins</dc:creator>
		<pubDate>Fri, 03 Feb 2006 09:12:37 +0000</pubDate>
		<guid isPermaLink="false">http://blog.wildfalcon.com/archives/2006/02/01/discordant-photography/#comment-292</guid>
		<description>And I&#039;m Brian, and so is my wife.

Actually, I&#039;m OnAlienCinema -- it&#039;s an anagram of America Online, folks! -- aka a Friend Of Alex, aaka A Friend Of Adrian. I hope that clears everything up.

R</description>
		<content:encoded><![CDATA[<p>And I&#8217;m Brian, and so is my wife.</p>
<p>Actually, I&#8217;m OnAlienCinema &#8212; it&#8217;s an anagram of America Online, folks! &#8212; aka a Friend Of Alex, aaka A Friend Of Adrian. I hope that clears everything up.</p>
<p>R</p>
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		<title>By: Adrian Mars</title>
		<link>http://wildfalcon.com/archives/2006/02/01/discordant-photography/comment-page-1/#comment-291</link>
		<dc:creator>Adrian Mars</dc:creator>
		<pubDate>Thu, 02 Feb 2006 01:33:49 +0000</pubDate>
		<guid isPermaLink="false">http://blog.wildfalcon.com/archives/2006/02/01/discordant-photography/#comment-291</guid>
		<description>PPS I am the, I think it&#039;s, friend of friend who colleague is a friend of yours. I am the one who got the response from TfL and the cops. My friend (OnAlienCinema@flickr), is a colleague of one of your friends :-) I think.

MindSpigot@flickr
www.flickr.com/photos/mindspigot</description>
		<content:encoded><![CDATA[<p>PPS I am the, I think it&#8217;s, friend of friend who colleague is a friend of yours. I am the one who got the response from TfL and the cops. My friend (OnAlienCinema@flickr), is a colleague of one of your friends :-) I think.</p>
<p>MindSpigot@flickr<br />
<a href="http://www.flickr.com/photos/mindspigot" rel="nofollow">http://www.flickr.com/photos/mindspigot</a></p>
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	<item>
		<title>By: Adrian Mars</title>
		<link>http://wildfalcon.com/archives/2006/02/01/discordant-photography/comment-page-1/#comment-290</link>
		<dc:creator>Adrian Mars</dc:creator>
		<pubDate>Thu, 02 Feb 2006 01:26:23 +0000</pubDate>
		<guid isPermaLink="false">http://blog.wildfalcon.com/archives/2006/02/01/discordant-photography/#comment-290</guid>
		<description>P.S. The link to the flickr story is here http://www.flickr.com/groups/londinium/discuss/169911/</description>
		<content:encoded><![CDATA[<p>P.S. The link to the flickr story is here <a href="http://www.flickr.com/groups/londinium/discuss/169911/" rel="nofollow">http://www.flickr.com/groups/londinium/discuss/169911/</a></p>
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	<item>
		<title>By: Adrian Mars</title>
		<link>http://wildfalcon.com/archives/2006/02/01/discordant-photography/comment-page-1/#comment-289</link>
		<dc:creator>Adrian Mars</dc:creator>
		<pubDate>Thu, 02 Feb 2006 00:32:05 +0000</pubDate>
		<guid isPermaLink="false">http://blog.wildfalcon.com/archives/2006/02/01/discordant-photography/#comment-289</guid>
		<description>Ah ha, we&#039;ve been doing parrallel research on your incident
I have posted this to the London flickr group:

&lt;strong&gt;You cannot photograph on the London Underground without prior permission and a Ã‚Â£300 pound permit.&lt;/strong&gt;

News reached me from &lt;a rel=&quot;nofollow&quot; href=&quot;http://www.flickr.com/photos/%20OnAlienCinema&quot;&gt;OnAlienCinema&lt;/a&gt;. that a colleague of his has just a been stopped by a Policeman from taking photos in Kings X tube and asked not to ytake pictures and (told not forced)  to delete his pictures on grounds of Ã¢â‚¬ËœsecurityÃ¢â‚¬â„¢. IÃ¢â‚¬â„¢m not clear yet whether the terrorism act was specifically mentioned.

Knowing non flash photography without a tripod has always been allowed. And indeed in the &lt;a rel=&quot;nofollow&quot; href=&quot;http://blog.wildfalcon.com/wp-admin/post.php#//www.tfl.gov.uk/tfl/fares-tickets/2006/downloads/Conditions-of-Carriage-06.pdf&quot;&gt;Conditions of carriage&lt;/a&gt; confirms only flash, tripod (or other supports are banned). But oddly the &lt;a rel=&quot;nofollow&quot; href=&quot;http://www.tfl.gov.uk/tube/arts/filming/filming-faqs.asp&quot;&gt;Filming and Photography FAQ&lt;/a&gt;  has recently been changed from only including film crews to covering *all* photographers, amateurs included.

&lt;em&gt;&lt;strong&gt;Do you need to obtain permission to film or photograph on London Underground? &lt;/strong&gt;
Yes, anybody wanting to film or take pictures must seek prior permission from the London Underground Film Office.
&lt;strong&gt;How much notice does London Underground require? &lt;/strong&gt;
London Underground requires 2 weeks&#039; notice to set up an average sized filming/photography facility. In certain circumstances this can be turned around quicker, but it is dependent on the request itself.
&lt;strong&gt;How do you apply for a film/photography permit? &lt;/strong&gt;
All requests must be in writing, preferably by one of our Permit Application forms. Click here for the Application form.
&lt;strong&gt;At what times can you film on London Underground?&lt;/strong&gt;
Filming and photography will only be considered during the off-peak period (1030 - 1530 or after 1930 hours Monday to Friday). Weekends are more flexible and can normally be achieved all day at most stations. &lt;/em&gt;
Ã¢â‚¬Â¦
&lt;em&gt;How much does it cost to film/photograph on London Underground Limited?&lt;/em&gt;
Our rates start at Ã‚Â£300 per hour for filming. Each facility is reviewed on a case by case basis and prices are dependent on a number of factors including the size of crew and the amount of equipment to be used.

I rang  TfL on  0845 330 9876  they confirmed unequivocally nothing had changed and agreed the FAQ was Ã¢â‚¬ËœconfusingÃ¢â‚¬â„¢. He felt though itÃ¢â‚¬â„¢s preferable if you can ask the station manager for permission, but agreed thereÃ¢â‚¬â„¢s no requirement to do so. He told me he thought a message had been passed on several times to the Film office.  A couple of minutes later though the phone rang, the TfL guy said he had made a mistake the FAQ was right.  He agreed nobody had told him and said he had just done Ã¢â‚¬Å“a double takeÃ¢â‚¬Â when told Ã¢â‚¬Å“every piece of film or photography must be authorised Ã¢â‚¬Â.  He could not tell me how it was enforced or when it happened, only Ã¢â‚¬Å“quite recently I thinkÃ¢â‚¬Â .

I am trying to find out how it is enforced (a new bylaw? Does an existing bylaw allow them to change the rules?) What publicity has been given? Why has it been done?  Was there any consultation or publicity of any sort? IÃ¢â‚¬â„¢ve never seen a no photography sign, does this mean the police and staff are going to waste lots of time hassling tourists and other amateur photographers?

More news after I have talked to TfLÃ¢â‚¬â„¢s Film Office tomorrow (Thursday).

&lt;strong&gt;A couple of other resources:&lt;/strong&gt;
See also Linda MacphersonÃ¢â‚¬â„¢s excellent &lt;a rel=&quot;nofollow&quot; href=&quot;http://www.sirimo.co.uk/ukpr.php&quot;&gt;PhotographersÃ¢â‚¬â„¢ rights in the UK.&lt;/a&gt;

More on UK/Londoner photographersÃ¢â‚¬â„¢ rights:
&lt;a rel=&quot;nofollow&quot; href=&quot;http://www.megalithic.co.uk/article.php?sid=2146412220&quot;&gt;www.megalithic.co.uk/article.php?sid=2146412220&lt;/a&gt;

Thanks to &lt;a rel=&quot;nofollow&quot; href=&quot;http://www.flickr.com/photos/OnAlienCinema&quot;&gt;OnAlienCinema&lt;/a&gt;. for some some key URL finding.</description>
		<content:encoded><![CDATA[<p>Ah ha, we&#8217;ve been doing parrallel research on your incident<br />
I have posted this to the London flickr group:</p>
<p><strong>You cannot photograph on the London Underground without prior permission and a Ã‚Â£300 pound permit.</strong></p>
<p>News reached me from <a rel="nofollow" href="http://www.flickr.com/photos/%20OnAlienCinema">OnAlienCinema</a>. that a colleague of his has just a been stopped by a Policeman from taking photos in Kings X tube and asked not to ytake pictures and (told not forced)  to delete his pictures on grounds of Ã¢â‚¬ËœsecurityÃ¢â‚¬â„¢. IÃ¢â‚¬â„¢m not clear yet whether the terrorism act was specifically mentioned.</p>
<p>Knowing non flash photography without a tripod has always been allowed. And indeed in the <a rel="nofollow" href="http://blog.wildfalcon.com/wp-admin/post.php#//www.tfl.gov.uk/tfl/fares-tickets/2006/downloads/Conditions-of-Carriage-06.pdf">Conditions of carriage</a> confirms only flash, tripod (or other supports are banned). But oddly the <a rel="nofollow" href="http://www.tfl.gov.uk/tube/arts/filming/filming-faqs.asp">Filming and Photography FAQ</a>  has recently been changed from only including film crews to covering *all* photographers, amateurs included.</p>
<p><em><strong>Do you need to obtain permission to film or photograph on London Underground? </strong><br />
Yes, anybody wanting to film or take pictures must seek prior permission from the London Underground Film Office.<br />
<strong>How much notice does London Underground require? </strong><br />
London Underground requires 2 weeks&#8217; notice to set up an average sized filming/photography facility. In certain circumstances this can be turned around quicker, but it is dependent on the request itself.<br />
<strong>How do you apply for a film/photography permit? </strong><br />
All requests must be in writing, preferably by one of our Permit Application forms. Click here for the Application form.<br />
<strong>At what times can you film on London Underground?</strong><br />
Filming and photography will only be considered during the off-peak period (1030 &#8211; 1530 or after 1930 hours Monday to Friday). Weekends are more flexible and can normally be achieved all day at most stations. </em><br />
Ã¢â‚¬Â¦<br />
<em>How much does it cost to film/photograph on London Underground Limited?</em><br />
Our rates start at Ã‚Â£300 per hour for filming. Each facility is reviewed on a case by case basis and prices are dependent on a number of factors including the size of crew and the amount of equipment to be used.</p>
<p>I rang  TfL on  0845 330 9876  they confirmed unequivocally nothing had changed and agreed the FAQ was Ã¢â‚¬ËœconfusingÃ¢â‚¬â„¢. He felt though itÃ¢â‚¬â„¢s preferable if you can ask the station manager for permission, but agreed thereÃ¢â‚¬â„¢s no requirement to do so. He told me he thought a message had been passed on several times to the Film office.  A couple of minutes later though the phone rang, the TfL guy said he had made a mistake the FAQ was right.  He agreed nobody had told him and said he had just done Ã¢â‚¬Å“a double takeÃ¢â‚¬Â when told Ã¢â‚¬Å“every piece of film or photography must be authorised Ã¢â‚¬Â.  He could not tell me how it was enforced or when it happened, only Ã¢â‚¬Å“quite recently I thinkÃ¢â‚¬Â .</p>
<p>I am trying to find out how it is enforced (a new bylaw? Does an existing bylaw allow them to change the rules?) What publicity has been given? Why has it been done?  Was there any consultation or publicity of any sort? IÃ¢â‚¬â„¢ve never seen a no photography sign, does this mean the police and staff are going to waste lots of time hassling tourists and other amateur photographers?</p>
<p>More news after I have talked to TfLÃ¢â‚¬â„¢s Film Office tomorrow (Thursday).</p>
<p><strong>A couple of other resources:</strong><br />
See also Linda MacphersonÃ¢â‚¬â„¢s excellent <a rel="nofollow" href="http://www.sirimo.co.uk/ukpr.php">PhotographersÃ¢â‚¬â„¢ rights in the UK.</a></p>
<p>More on UK/Londoner photographersÃ¢â‚¬â„¢ rights:<br />
<a rel="nofollow" href="http://www.megalithic.co.uk/article.php?sid=2146412220">http://www.megalithic.co.uk/article.php?sid=2146412220</a></p>
<p>Thanks to <a rel="nofollow" href="http://www.flickr.com/photos/OnAlienCinema">OnAlienCinema</a>. for some some key URL finding.</p>
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		<title>By: Laurie</title>
		<link>http://wildfalcon.com/archives/2006/02/01/discordant-photography/comment-page-1/#comment-288</link>
		<dc:creator>Laurie</dc:creator>
		<pubDate>Wed, 01 Feb 2006 22:35:28 +0000</pubDate>
		<guid isPermaLink="false">http://blog.wildfalcon.com/archives/2006/02/01/discordant-photography/#comment-288</guid>
		<description>I have now done some more research. There are two possible laws that I can find that would make it illigal to photograph in Kings Cross.
&lt;ul&gt;
	&lt;li&gt;The Offical Secrets Act of 1911 makes it an offence to photograph a &quot;Prohibited place&quot;, This includes a train station if the secretary of state has declared it a &quot;Prohibited place for the time being&quot;. It is possible this has happened, but I don&#039;t think its likely&lt;/li&gt;
	&lt;li&gt;The Terrorism Act of 2000 makes it an offence to take a photo containing information that is likely to be of use to a terrorist planning an attack. My photos do not, but without looking at the photos there was no way for the police to know this.&lt;/li&gt;
&lt;/ul&gt;
It would seem they were within their rights to stop me. Whether or not the law is a good one or not, is a question for another day. Thought I might just ring them up anyway and ask under what law the stopped me. Just to see if they know... :-)</description>
		<content:encoded><![CDATA[<p>I have now done some more research. There are two possible laws that I can find that would make it illigal to photograph in Kings Cross.</p>
<ul>
<li>The Offical Secrets Act of 1911 makes it an offence to photograph a &#8220;Prohibited place&#8221;, This includes a train station if the secretary of state has declared it a &#8220;Prohibited place for the time being&#8221;. It is possible this has happened, but I don&#8217;t think its likely</li>
<li>The Terrorism Act of 2000 makes it an offence to take a photo containing information that is likely to be of use to a terrorist planning an attack. My photos do not, but without looking at the photos there was no way for the police to know this.</li>
</ul>
<p>It would seem they were within their rights to stop me. Whether or not the law is a good one or not, is a question for another day. Thought I might just ring them up anyway and ask under what law the stopped me. Just to see if they know&#8230; :-)</p>
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