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Old Aug 29, 2006, 4:36 AM   #1
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Hi guys, not sure if this is the best place to post this topic but I couldn't see anywhere else suitable.

I am really keen on street photography but I was concerned about the legal issues of taking photos without consent. Did a little research on it via google and found some useful information from the NSW Photography Rights and Legal issues website. Apparently it applies to most states in Australia.

1. It is legal to take a person's photo on the street. If a person can look at you then they also have the right to take your photo. This applies to public areasand not private land.

2. It is only illegal to take a photograph if the person is an employee at work and you are taking their photograph without their consent. Also, a photograph cannot be taken if a person's identity is being protected by a court order. ( a bit tricky to know that beforehand if you are just snapping away on the street). Naturally, you can also not take a photograph if it is in a change room or toilet and the images are of a sexual nature.

3. You cannot take a photo if you intend to use it for commercial purposes unless you have the informedand written consent of the person.

4. You can take a street photo and display it on your website without the permission of the persons in the photo, as long as it isn't defamartory, indecent or offesive or being used for commercial purposes (without consent).

5. Children are not afforded any special protection under current law, although personally I would always ask permission before taking a child's photograph.

6. You cannot take photos on private property without permission.

Website: httphotorights.4020.net

Interesting reading, especially for someone like me who loves street photography.

Cheers,

Deb






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Old Aug 29, 2006, 10:40 PM   #2
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That kind of info is always good to know.

Thanks Deb
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Old Aug 29, 2006, 10:43 PM   #3
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yes it is!

shooting_rubber.:?
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Old Aug 30, 2006, 4:47 AM   #4
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Hi Debs and all

These days there is a certain sensitivity to taking images in some public places- to a point I think its justified but should I be concerned at taking my camera to my son's soccer game?

Its a shame that we have to be over cautious and miss recording our kids going through some of life's stages.

Any thoughts welcomed

Cheers

Mark
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Old Aug 31, 2006, 12:25 AM   #5
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Trufflepig wrote:
Quote:
Hi Debs and all

These days there is a certain sensitivity to taking images in some public places- to a point I think its justified but should I be concerned at taking my camera to my son's soccer game?

Its a shame that we have to be over cautious and miss recording our kids going through some of life's stages.

Any thoughts welcomed

Cheers

Mark
I don't think you should be worried about that. I take my camera to football and soccer games and I don't even know who is playing.....

shooting_rubber.


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Old Aug 31, 2006, 1:57 PM   #6
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another thing to keep in mind too, is if you take a picture of a privately owned building or structure that is highly recognizable you would have to get a property release to sell or use that photo for commercial use.
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Old Aug 31, 2006, 2:04 PM   #7
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Debs: I appreciate what you have printed, esp that while it is legal to take someone's photo on the street, that they also can ask for it back...just from a point of view of decent manners and good taste, I am surprised at the number of people who feel they have an absolute right to take my photo on the street, as tho I have no input whatsoever as to permission...

Just like freedom of speech does not allow one to yell Fire in an movie theater, freedom to take street shots should take into account whether the subject would allow it if they knew you were doing it...which is also why I am annoyed at those who recommend that you use a long telephoto lens, or a small hidden camera, as they KNOW they are doing something sneaky, and just trying to justify it by finding ways around it so I do not know...those are the people who seem to, IMO, have no respect for MY privacy (even tho I am on a public street) or my desires, and yet I am sure they would be the first ones howling if I took a photo of their child while I was walking on the street myself...

I guess I think it is a simple matter of respect for others, regardless of whether the Constitution allows it, whether or not it is a violation of someone's rights...if they do not respect my desires, as well as my rights, I then have NO respect for them as a photographer and as a human being...
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Old Sep 2, 2006, 3:40 AM   #8
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Thanx for sharing that infor Debs. I didn't even think about legal issues regarding street photography. Oops
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Old Sep 2, 2006, 7:26 PM   #9
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Marsha7,

what if someone took a picture of a person standing near you in an amusement park but the picture wasn't of you, and you thought it was? Under the law stated above do you have any rights, other than your 'decency' comments? How would you go about asking the photographer for the picture in light of the factthe photographer is operatingwithin the law, until proven otherwise?


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Old Sep 2, 2006, 10:41 PM   #10
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Photographers' rights vary from country to country. The posted link is for Australia, and should be read as such. The U.S. has similar rules. I seem to have lost the link I had, but the basic premise is similar. If you appear in a public place, you are subject to having your picture taken, and that photo may be published. If the photo is used for commercial purposes and your image is the primary subject of the photo, the photographer may owe you a modeling fee, and may have to have a release. Cases vary. The only universal rule is that if you don't want your picture taken, don't go out in public, or wear a sack over your head.

I don't do much candid photography, and always respect peoples wishes if they don't want their picture taken, but fankly, if I happen to get that one-in-a-million shot, and you're in it and son't want to be, tough.

brian
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