Legal issues photographing in Australia!

Discussion in 'Geographic Location' started by munz6869, Aug 9, 2006.

  1. munz6869

    munz6869 Subscriber

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  2. Roger Hicks

    Roger Hicks Member

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    Dear Marc,

    An admirable piece, in plain English (or Australian). Thanks.

    A bugger to delete if it's on film, though...

    Cheers,

    Roger
     
  3. tim atherton

    tim atherton Inactive

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    ... stoush...
     
  4. PeterB

    PeterB Subscriber

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    I looked into the details of the Australian law not long ago and will repost a conversation I had on the Pure Silver list here for reference. My suggestion is to download the references [1] and [2] and keep them handy 'in every camera bag'. They will be much more authoritative than the herald sun article.

    [1] Australian Copyright Council Information Sheet G11 Photographers and copyright
    http://www.copyright.org.au/information/specialinterest/G011.pdf
    [2] Privacy in photographic images
    http://www.austlii.edu.au/au/journals/PLPR/1999/59.html

    regards
    Peter




    Jim wrote:
    If you are standing on public property when photographing, and there are recognizable buildings in the background, you can still sell the photographs commercially as in the US, if you can be viewed from a public place (buildings can be) then there is no expectations of privacy. ​

    Peter wrote:
    This is the same as the law in Australia. According to the Australian Copyright Council [1],

    "Do I need permission to photograph a building?
    Generally, no. Although a building is protected by copyright, a special exception in the Copyright Act allows buildings to be photographed without permission. Be aware though, that the owner of a property may impose restrictions regarding entry onto the property. It may sometimes be the case, as with photographs of people, that certain unauthorised uses of a photograph of a particular building may raise issues under other laws, such as trade practices legislation."


    Jim wrote:


    People, crowd gatherings, etc, in a public place, can be photographed and used commercially, as long as the recognizable people are not doing anything disgusting, degrading, etc, like picking their nose, scratching their ass, etc. You have no expectations of privacy while in a public place.​

    Peter wrote:
    In general, Australian law says this too. Notable exceptions to this include [2]:

    i) defamatory photographs (the example given of somebody picking their nose)
    ii) 'passing off' someones image (e.g. taking the photo of a reputable person and using it to sell or endorse something without their permission)
    iii) The Trade Practices Act 1974 prohibits conduct in the course of trade or business which is misleading or deceptive or likely to mislead or deceive.

    regards
    Peter
     
    Last edited by a moderator: Aug 9, 2006