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Apr 29, 2005, 17:25 #1
Peted Posting Freak *****
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This was posted in one of the forums at work.

"
Excerpt from:
Australian Photography Magazine - July 2004 Edition, Page 48 - Suburban Candids


…….Call it the "Decisive Moment" (as master French photographer Henri - Cartier-Bresson famously did), call it "documentary" or "candid" or "street" photography - the spontaneous, unposed photography of everyday scenes can be an exhilarating and artistically fulfilling experience. But it can also be dangerous and nerve-wracking, especially in today's climate of suspicion and distrust. ………….. Many people hold back from this type of photography because they imagine it's an "invasion of privacy". Actually in Australia it isn't. Broadly speaking, in this country you're free to photograph whoever you want, whenever you want, whether they permit it or not!

"Unauthorised photography" has been sanctioned in this country ever since the 1937 High Court decision in "Victoria Racing Park v. Taylor". In 2001 this was reaffirmed in "ABC v. Lenah Game Meats", where the High Court specifically noted that any concept of a "Tort of invasion of privacy" does not exist in Australia.

As Justice Dowd put it bluntly in the 2001 NSWC case of "R v. Sothern" - A person, in our society, does not have a right not to be photographed". Press and Privacy Council guidelines are just that, recommendations only. They're not "Law".

This doesn't mean, of course, that it's completely open slather. State defamation laws still apply, as do common law concepts of Nuisance and Trespass. So, although no one has any right to prevent you from photographing them, they're still entitled to protect themselves from humiliation and continual harassment.

What about consent? Must you always obtain permission from any person you photograph? Generally speaking, this isn't the case. Consent is only required by Trade Practice legislation when the image is used in commercial context (typically advertising). Otherwise, for personal, editorial or artistic use, you're free to photograph anyone, regardless of whether they approve or not. Just ask Rodney Alder!

…………… Of course many subjects in our culture are just plain taboo. Always avoid playgrounds and schoolyards and be very cautious of parents with young children. Then there's the issue of photographing on private property (ie; in shopping centres or stores). Although this is not illegal as such, property owners do have every right to ask you to stop or even leave. That's all, though. They can't confiscate your camera or film, nor can they detain or arrest you…………………………………….


This applies to Australia of course, is it similar in other countries?

Apr 29, 2005, 18:12 #2
adam Posting Freak *****
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A place like Kings Park, there is a no photography rule for commercial purposes; and I came across this:

http://www.slp.wa.gov.au/statutes/regs.n...cument&

but this section "the purpose of public display, broadcast or transmission;" does that mean I can not broadcast it on the internet? like, public display on shuttertalk? I hope they mean that maybe if I post it on the photoshowcase its okay, but if I turn it into the shuttertalk logo its not?

Apr 29, 2005, 18:52 #3
EnglishBob AKA Craig *****
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The law is almost identical here in the US.

http://www.krages.com/ThePhotographersRight.pdf

Apr 29, 2005, 19:44 #4
Don Schaeffer Posting Freak *****
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If you are in a public place and can be seen, you can also be photrographed. The camera is an extension of the eye. Publication and commercial use of images is another thing. If no money is exchanged for a photo, and YOU DO NOT MALIGN YOUR SUBJECT in the label, public use of the photo should not be illegal.

Apr 29, 2005, 20:04 #5
Peted Posting Freak *****
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What if in a public area someone puts up their hand in front of their face? Can you keep following them to get a shot just of this one person?

What if I take a photo and it is used in the local newspaper and the shot is of a public gathering and the article was about the gathering?

Apr 29, 2005, 20:20 #6
Toad Posting Freak *****
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I either have the right not to be photographed or I have the right to punch the photographer.

Seem extreme? I hate photo journalists that capture human grief to sell newspapers. That's not art - that's bad taste.

Apr 29, 2005, 23:05 #7
Peted Posting Freak *****
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It would actually seem that you do not have the right to not be photographed in a public place, the onus is on you to be somewhere else if you don't want to be photographed.
.

Apr 29, 2005, 23:21 #8
guerito Posting Freak *****
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Personally I do not mind being in a picture, although I doubt that a picture gains something when I'm on it. But if the picture taking involves harassment, like someone pushing a camera in my face all the time, I will punch whether I have the right or not.

Apr 30, 2005, 05:36 #9
shuttertalk Shuttertalker *******
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Hm.. interesting topic Pete!

For me, I think permission would be needed if:
- financial gain would be made through the photo
- it would raise unwanted publicity or attention, or would affect them in some way which was unwanted

I dunno... I try to avoid being too conspicuous if I'm taking photos of people. And then again, I try not to take photos of people unless I know them personally, or if in public - would be purely artistic. Then again, I'm still hesitant of doing so...

Apr 30, 2005, 09:15 #10
EnglishBob AKA Craig *****
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I'm pretty much the same way ST. I'm just not comfortable pointing a camera at someone I don't know and hasn't given me permission.

Last week-end I was at a Renaissance fair and I felt comfortable doing it there, but then the people were in costume and most, if they noticed you point a camera at them would happily pose.

Apr 30, 2005, 13:09 #11
Don Schaeffer Posting Freak *****
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I used to do it all the time. Now I don't either.

--Don

May 4, 2005, 19:32 #12
wayney Member ***
Status: Offline Posts:135 Threads:11 Joined:May 2005 Reputation: 0
Does anyone have good international photo release forms that we can use ?






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