: I didn’t write this, it is just copied and linked information.
If you are a Photographer in Australia, this is some very useful information, supplied by the fantastic COPYRIGHT PROTECTION GROUP
It should be considered that this is based on US Law and you should always consult an Australian Solicitor to confirm the validity of this information.
- They do have the authority to keep you away from areas where you may impede their activities or endanger the safety of others.
- They do not have the legal right to prohibit you from taking photographs from other locations.
- Without a court order they have no rights to confiscate your photographic equipment, film or digital media card. The taking of this equipment directly or indirectly by threatening to use force or call a law enforcement agency can constitute criminal offences such as theft and coercion.
- Generally, it is unlawful for anyone to instill a fear that they may injure you, damage your equipment or take your property, or falsely accuse you of a crime just because you were taking photographs. If someone has threatened, intimidated, or detained you because you were taking photographs, they may be liable for crimes such as kidnapping, coercion, and theft. In such cases you should report them to police. You may have civil remedies against such persons and their employers. The torts for which you may be entitled to compensation include assault, conversing, false imprisonment and violation of your constitutional rights.
- If the party becomes ‘pushy’, combative, or unusually hostile consider calling the police, and ask the following questions:
1. What is the person’s name?,
2. Who is their employer?,
3. If they insist that you cease taking photographs and leave the area, then ask them how they propose to make you do this?
4. If they are unnecessarily delaying you, and you wish to leave immediately, ask them “Am I free to leave the area?” If you are not free to leave, then ask them what is the legal basis for your detention?
5. By law they do not have the right to not be photographed. Consider taking their photo for positive identification should you need to make charges against them.
(information by Bert P. Krages 11, Attorney at Law Portland Oregon)
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