Commercial purposes? I am unclear what is meant by "photography not permitted for commercial purposes". I've seen discussions on this topic here and elsewhere but I am still confused...

IzzyKap Loc: Rockville, MD

I am unclear what is meant by "photography not permitted for commercial purposes". I've seen discussions on this topic here and elsewhere but I am still confused about this topic. I understand that it wouldn't be allowed for photos to be taken and then sold to be used for advertising or promoting something. However, I would like to know if one can sell a print taken of subjects or structures that don't allow photography for commercial purposes.

JD750 Loc: SoCal

My interpretation is if you sell the image that is a commercial sale.

No doubt there is some grey area between showing up with a production crew and taking an iPhone shot, but I think the sale itself, regardless of the camera, is what qualifies the image as "commercial use".

There are venues, locations, cities, with such wording in their rules. Some want to collect a fee for commercial use. Some want to maximize the experience of the non-photographers by limiting production use, tripods, lights, etc.

What site are you referring to? If you have a question about a specific site it would be best to contact them with your specific questions.

Stardust Loc: Central Illinois

JD750 summarized well. As stated often more to avoid photographers using tripods, light setup, assistants, etc. to avoid bothering other members, guests, tourists etc. Also sometimes to avoid competition to their gift shops, sometimes to avoid widely distributed photos showing security or priceless items. Sometimes they believe larger cameras are "commercial" (have ran into this) and may harm others (that was the explanation). As for you selling prints can't imagine ever getting any pushback later. Besides, rules don't apply to photographers anyway. That is my story and I am sticking to it.

Dik

IzzyKap wrote:

I am unclear what is meant by "photography not permitted for commercial purposes". I've seen discussions on this topic here and elsewhere but I am still confused about this topic. I understand that it wouldn't be allowed for photos to be taken and then sold to be used for advertising or promoting something. However, I would like to know if one can sell a print taken of subjects or structures that don't allow photography for commercial purposes.

Commercial use would be using the photograph to sell or promote something. Simply selling a print as art, for hanging on the wall is not commercial use.

RWR Loc: La Mesa, CA

IzzyKap wrote:

I am unclear what is meant by "photography not permitted for commercial purposes". I've seen discussions on this topic here and elsewhere but I am still confused about this topic. I understand that it wouldn't be allowed for photos to be taken and then sold to be used for advertising or promoting something. However, I would like to know if one can sell a print taken of subjects or structures that don't allow photography for commercial purposes.

https://www.dictionary.com/browse/commercial

Longshadow Loc: Audubon, PA, United States

RWR wrote:

https://www.dictionary.com/browse/commercial

Well, looking up the definition of commerce (commercial) includes selling, as in selling a print, selling.
Some places say art (wall hangings) are not included...
Who is right?

JohnSwanda Loc: San Francisco

Longshadow wrote:

Well, looking up the definition of commerce (commercial) includes selling, as in selling a print, selling.
Some places say art (wall hangings) are not included...
Who is right?

We are talking about two contexts for the word commercial. The OP was talking about restrictions on taking photos based on commercial use, which might include selling prints, depending on the jurisdiction making the rules. They will often base commercial photography on the type of equipment used. The other context is whether permission is needed to use the photo from the subjects of the photo. This is the case where selling a fine art print differs from use for advertising or promotion.

jerryc41 Loc: Catskill Mts of NY

Basically, "commercial purposes" mean advertising.

ggab Loc: ?

IzzyKap wrote:

I am unclear what is meant by "photography not permitted for commercial purposes". I've seen discussions on this topic here and elsewhere but I am still confused about this topic. I understand that it wouldn't be allowed for photos to be taken and then sold to be used for advertising or promoting something. However, I would like to know if one can sell a print taken of subjects or structures that don't allow photography for commercial purposes.

When possible, I always reach out to the venue/location that I want to photograph.

jerryc41 Loc: Catskill Mts of NY

Dik wrote:

Commercial use would be using the photograph to sell or promote something. Simply selling a print as art, for hanging on the wall is not commercial use.

Longshadow Loc: Audubon, PA, United States

jerryc41 wrote:

Basically, "commercial purposes" mean advertising.

That's what I would imagine.
Now, If I have an image on my web site, is that advertising???

Longshadow Loc: Audubon, PA, United States

JohnSwanda wrote:

We are talking about two contexts for the word commercial. The OP was talking about restrictions on taking photos based on commercial use, which might include selling prints, depending on the jurisdiction making the rules. They will often base commercial photography on the type of equipment used. The other context is whether permission is needed to use the photo from the subjects of the photo. This is the case where selling a fine art print differs from use for advertising or promotion.

Differentiating between the two appears to be confusing.....

ggab Loc: ?

IzzyKap wrote:

I am unclear what is meant by "photography not permitted for commercial purposes". I've seen discussions on this topic here and elsewhere but I am still confused about this topic. I understand that it wouldn't be allowed for photos to be taken and then sold to be used for advertising or promoting something. However, I would like to know if one can sell a print taken of subjects or structures that don't allow photography for commercial purposes.

Judging from what I read in the replies, the info is generic.
Why not just reach out to wherever you intend to shoot to see what they consider "commercial purposes"?
As always, get their response in writing or email.

Dik

Longshadow wrote:

That's what I would imagine.
Now, If I have an image on my web site, is that advertising???

It is commercial use if the image is used to promote your photographic services, but not if it is merely displayed as art.

JohnSwanda Loc: San Francisco

Dik wrote:

It is commercial use if the image is used to promote your photographic services, but not if it is merely displayed as art.

Again, this is one use of the term "commercial" as it applied to photography, but it is not the use the OP is talking about. When some jurisdiction restricts commercial photography, they probably mean any use that makes money, and don't differentiate between advertising and promotion, or selling as art. The jurisdiction has to define what they mean.