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Photographers Rights, General Privacy, and Copyright.

DISCLAIMER: 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.


Your Rights if confronted by Life Savers, Life Guards, Security Guards, or other officials.

  1. They do have the authority to keep you away from areas where you may impede their activities or endanger the safety of others.
  1. They do not have the legal right to prohibit you from taking photographs from other locations.
  1. 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.
  1. 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.
  1. 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)


CHECK OUT THESE LINKS:

COPYRIGHT 101 – THE COPYRIGHT TUTORIALS

YOUR MORAL RIGHTS – A GUIDE

PHOTOGRAPHER’S RIGHTS, GENERAL PRIVACY, AND COPYRIGHT IN AUSTRALIA

PHOTOGRAPHER’S RIGHTS [more links]

UNIVERSITY OF CHICAGO – COPYRIGHT ISSUES

UNIVERSITY OF CHICAGO – COPYRIGHT QUIZ

GRAFFITI & COPYRIGHT LAW IN AUSTRALIA Part A

GRAFFITI & COPYRIGHT LAW IN AUSTRALIA Part B

ARTS LAW CENTRE OF AUSTRALIA WEBSITE

PHOTOGRAPHER’S RIGHTS IN NEW SOUTH WALES [AUSTRALIA]

PETITION FOR AUSTRALIAN PHOTOGRAPHER’S RIGHTS – VOTE NOW!


LINKS FOR OTHER COUNTRIES…

PHOTOGRAPHER’S RIGHTS IN THE UK

STAND YOUR GROUND video / Journal by Redtempa

Comments

  • D Byrne
    D Byrneover 4 years ago

    Byron, not sure if you have seen this site(once again mainly American Laws) Photo Attorney Down the side of the page you’ll find a link to Australian Copyright Law and this one Street Photographers Rights

  • D Byrne
    D Byrneover 4 years ago

    Last link is from Arts Law Australia(sometimes I wish you could have a minute where you can edit a post.)

  • Hiya Drec, I have added that 2nd link at the end of this Journal.

    Thanx,
    -Byron

    – BYRON

  • Vicki Ferrari
    Vicki Ferrariover 4 years ago

    Very good Drec – am going to have a good read of this…. sounds like someone has had a problem, which is no good….

  • Vicki Ferrari
    Vicki Ferrariover 4 years ago

    Sorry Byron…. someone stole my brain and replaced it with a soft potato……… it looks the same……

  • mmmmm, braaaaaains!

    – BYRON

  • vampvamp
    vampvampover 4 years ago

    thanks for that info, very helpful, also to drec, will check it out!

  • anytime!

    – BYRON

  • AlisonJohnston
    AlisonJohnstonover 4 years ago

    This is an excellent page to find out about your rights as a photographer in NSW.

    NSW PHOTO RIGHTS

  • Thanx Alison, I have included that link in this Journal.

    – BYRON

  • Fotomaiden
    Fotomaidenover 4 years ago

    Always good one for discussion. I’m off to country nsw in a few days, I better do some reading. Thanks for addressing the subject. Most helpful!

  • You’re welcome, just wanted to let everyone know about some usefull stuff that I found.

    – BYRON