The guidance on copyright issues for buildings etc needs to be changed.
Firtstly Scotland is a different country to the United Kingdom, and had different laws over access to property and what you can lawfully do while there...
The situation in Scotland on access over private land is very different to that in England. Often termed 'the right to roam' it is a right of access to, and a right to cross land. This is enshrined in law being consolidated in 2003. The right is for those 'on foot' or a for a disabled person using their vehicle.
Of particular interest is 1.3.(c) which shows that the rights in Scotland include " ..carrying on, commercially or for profit, an activity which the person exercising the right could carry on otherwise than commercially or for profit.' The implication of this is that the taking of photographs (unless prevented by Scottish legislation, ie photographing courts, government restricted areas etc) is allowed even if it has an ultimate commercial aspect, therefore there is no requirement for any permission.
So a Type 1 or Type 2 VW camper van exercising another of Scotland rights - 'wild camping' - at our local beach (carpark next to the beach and nothing else around) can legally be photographed and used commercially despite VW's claims over the VW sign and the vehicle, or the customiser's claims of design and artwork copyright... [Of course most people taking such a photograph there would include the location's spectacular scenery so removing any copyright claims issue.]
There may be arguments if for instance someone arrived with two assistants, loads of gear and a step ladder to take images of a secluded building for commercial purposes and then the way they came since the right is a 'light touch'.
It gives food for thought.
Legislation is under the ~ Land Reform (Scotland) Act 2003 and government site also contains explanatory notes : Below is an extract from the legislation.
Land Reform (Scotland) Act 2003
1
Access rights
(1)
Everyone has the statutory rights established by this Part of this Act.
(2)
Those rights (in this Part of this Act called “access rights”) are—
(a)
the right to be, for any of the purposes set out in subsection (3) below, on land; and
(b)
the right to cross land.
(3)
The right set out in subsection (2)(a) above may be exercised only—
(a)
for recreational purposes;
(b)
for the purposes of carrying on a relevant educational activity; or
(c)
for the purposes of carrying on, commercially or for profit, an activity which the person exercising the right could carry on otherwise than commercially or for profit.
5
Access rights, reciprocal obligations and other rules and rights
(1)
The exercise of access rights does not of itself constitute trespass.
(2)
The extent of the duty of care owed by an occupier of land to another person present on the land is not, subject to section 22(4) below, affected by this Part of this Act or by its operation.
(3)
The existence or exercise of access rights does not diminish or displace any other rights (whether public or private) of entry, way, passage or access.
(4)
The existence or exercise of access rights does not diminish or displace any public rights under the guardianship of the Crown in relation to the foreshore.
(5)
The exercise of access rights does not of itself amount to the exercise or possession of any right for the purpose of any enactment or rule of law relating to the circumstances in which a right of way or servitude or right of public navigation may be constituted.
(6)
Access rights do not constitute a public right of passage for the purposes of the definition of “road” in section 151(1) (interpretation) of the Roads (Scotland) Act 1984 (c. 54).
(7)
A person exercising access rights is to be regarded as being in a public place for the purposes of section 53 (obstruction by pedestrians) of the Civic Government (Scotland) Act 1982 (c. 45).
9
Conduct excluded from access rights
The conduct which is within this section is—
(a)
being on or crossing land in breach of an interdict or other order of a court;
(b)
being on or crossing land for the purpose of doing anything which is an offence or a breach of an interdict or other order of a court;
(c)
hunting, shooting or fishing;
(d)
being on or crossing land while responsible for a dog or other animal which is not under proper control;
(e)
being on or crossing land for the purpose of taking away, for commercial purposes or for profit, anything in or on the land;
(f)
being on or crossing land in or with a motorised vehicle or vessel (other than a vehicle or vessel which has been constructed or adapted for use by a person who has a disability and which is being used by such a person);
(g)
being, for any of the purposes set out in section 1(3) above, on land which is a golf course.
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