Switch to English Language Passer en langue française Omschakelen naar Nederlandse Taal Wechseln Sie zu deutschen Sprache Passa alla lingua italiana
Members: 71,946   Posts: 1,585,914   Online: 1047
      
Results 1 to 4 of 4
  1. #1
    munz6869's Avatar
    Join Date
    May 2004
    Location
    Hawthorn, Victoria, Australia!
    Shooter
    4x5 Format
    Posts
    1,087
    Images
    51

    Legal issues photographing in Australia!

    Hi folks,

    I posted this in the Large Format photography forum as well - as it's a very good article indeed about photographers' rights in Australia, from today's local Melbourne newspaper. I'm gonna photocopy it and put it in every camera bag....

    http://www.news.com.au/heraldsun/sto...-11869,00.html

    Cheerio, Marc

  2. #2

    Join Date
    May 2006
    Location
    Northern Aquitaine
    Shooter
    35mm RF
    Posts
    4,913
    Dear Marc,

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

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

    Cheers,

    Roger

  3. #3

    Join Date
    Sep 2002
    Posts
    552
    Quote Originally Posted by Roger Hicks
    , in plain English (or Australian).

    Roger
    ... stoush...

  4. #4
    PeterB's Avatar
    Join Date
    Apr 2005
    Location
    Sydney, Australia.
    Shooter
    Medium Format
    Posts
    601
    Quote Originally Posted by munz6869
    Hi folks,
    I posted this in the Large Format photography forum as well - as it's a very good article indeed about photographers' rights in Australia, from today's local Melbourne newspaper. I'm gonna photocopy it and put it in every camera bag....
    http://www.news.com.au/heraldsun/sto...-11869,00.html
    Cheerio, Marc
    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] [font=OfficinaSans-Book][size=2]Australian Copyright Council [/size][/font][font=OfficinaSans-Bold][size=2]Information Sheet [/size][/font][font=OfficinaSans-Book][size=2]G11 [/size][/font][font=OfficinaSans-Bold][size=2]Photographers and copyright
    [/size][/font][color=#0000ff]http://www.copyright.org.au/information/specialinterest/G011.pdf[/color]
    [2] Privacy in photographic images
    [color=#0000ff]http://www.austlii.edu.au/au/journals/PLPR/1999/59.html[/color]

    regards
    Peter




    [color=#550055]Jim [/color][color=#550055]wrote: [/color]
    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.

    [color=#550055]Peter wrote: [/color]
    This is the same as the law in Australia. According to the Australian Copyright Council [1],

    "[font=OfficinaSans-Bold]Do I need permission to photograph a building?[/font]
    [font=OfficinaSans-Book][size=2]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." [/size][/font]


    [color=#550055]Jim wrote: [/color]


    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.

    [color=#550055]Peter wrote: [/color]
    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 PeterB; 08-09-2006 at 11:36 PM. Click to view previous post history. Reason: editorial corrections



 

APUG PARTNERS EQUALLY FUNDING OUR COMMUNITY:



Contact Us  |  Support Us!  |  Advertise  |  Site Terms  |  Archive  —   Search  |  Mobile Device Access  |  RSS  |  Facebook  |  Linkedin