Can a photographer own the rights in a scene?

Can a photographer own the rights to a photo so that no one else can take a photo of the same scene and use it for financial gain?

I took a photo of a house that was the childhood home of a now, famous person. I had it printed on mugs and other items and have been selliing it in a local gift shop. I was recently confronted with the idea that what I was doing was illegal because the other photographer that took a picture of that same house had had his certified and was the only one that could use it for profit. Is there any truth to this idea?

629 viewsintellectual property law

Alasdair Taylor's Answer

This looks like a decent summary of the legal position here:

http://www.photographers-resource.co.uk/photography/Legal/Access_Rights.htm

Perhaps the key issue is whether, when you were taking the photograph, you were subject to access licence restrictions.

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