Australian Street Photography Legal Issues - NSW Photo Rights

[graciousness]

I found this very recent article just this morning and I thought I would share it would my fellow Aussie photographers who are interested in knowing rights, issues, laws, controversies, definitions of commercial use, the whole shebang relating to photography in Australia, in particular, the state or NSW.

It's a good read for everyone, really, even extending to some information and links to laws/rights outside Australia.

This is a MUST read for all photographers in Australia as it has been an eye opener. Even if you are just an amateur, candid, or a parent taking photos of your child and other children, you still need to read this as it explains really important information on copyright ownership that we need to know. For example, here is a section from the article:

Ownership Sidebar

Since 30 July 1998 the photographer owns full copyright in their images, even if they were commissioned by a third party (see ACC info sheets G058 and G035). There are a couple of caveats though. By Section 35(4) of the Act, copyright is owned by your employer if the image was taken as part of your job. Alternatively by Section 35(5), if the photograph was commissioned (by agreement and for money) for a "private or domestic purpose" — such as a family portrait or wedding or birthday party — then the client owns copyright, unless there is agreement to the contrary.

This exception is not as arcane as it seems. Say you were invited to a take photographs at a childrens birthday party. The Alpha Mom pays you $50 to cover expenses. You take the shots and one of them is a once-in-a-lifetime masterpiece. Guess who owns the copyright to the image according to s35(5)?…

Not you.

Written by a photographer and a lawyer.

4020 Φ NSW Photographer's Rights

Cheers and I hope this has been helpful to you as it has been for me.

Grace-

P.S. Sorry for the larger font size - I had a hard time reading this post without making the font bigger!

[Tiberius]

I've had that site bookmarked for a long time. It's a very good article.

[graciousness]

Originally Posted by Tiberius

I've had that site bookmarked for a long time. It's a very good article.

Yeah, I've bookmarked it now, too. As a member of the public and a photographer, I have really come to realise how important it is to be well informed of the laws, rights and privileges if one is to seriously continue doing photography, esp if you are getting in to the business of it. Not that I plan on going pro (at this time) but it's still very important to know.

[Woody]

It's a great article, isn't it? Thanks Grace.

I read it some time ago, but it was good to do a refresh. Took me over a bloody hour though and my tuna mornay has gone cold. Bugger.

Cheers,

John W

[graciousness]

Originally Posted by Woody

It's a great article, isn't it? Thanks Grace.

I read it some time ago, but it was good to do a refresh. Took me over a bloody hour though and my tuna mornay has gone cold. Bugger.

Cheers,

John W

Hehe, tell me about it! It took me another couple of hours just reading through some of the links, particularly on Bill Henson. Which is a very important topic in this nation, one that needs addressing seriously. My thoughts on that...well...that's another discussion

So now I'm off to search published photos of your everyday french people......quite interesting, that. I wonder if it includes web publishing, such as facebook, etc?

And then I'm going to google tooooona mornay.....cause....I is no clue....that....

Back to Australian topic, bloody hell, if Woollahra Council continues to insist on the per hour fee on taking photos in our beaches and public areas, I'm going to fume and it's going to be a smoky day in Sydney the day I do. Hehe. Just cause I'm hot headed. I swear this country is milking us of every cent we've got and I'm getting really, really tired of it.

[RichardTaylor]

I would take "publish" to be just that, on any media.

In practice use common sense. We had 4 days in Paris during our 2008 vacation.
If a person shook their finger or head, and it did happen a few times, I just smiled and lowered my camera. My French is very limited.

Here is the Flickr set, mostly street photography.
Paris - a set on Flickr

[graciousness]

Originally Posted by RichardTaylor

I would take "publish" to be just that, on any media.

In practice use common sense. We had 4 days in Paris during our 2008 vacation.
If a person shook their finger or head, and it did happen a few times, I just smiled and lowered my camera. My French is very limited.

Here is the Flickr set, mostly street photography.
Paris - a set on Flickr

Oh yes, I pretty much figured any media. The question my husband had, which is now mine too, is how this applies to events like let's say, the Tour de France. It's the exception to the rules that I like to know cause I know they can't all be that black and white. For instance, the rules and regulations on journalism (not just in France but here, too, etc).

Like one day, we would just love to go to Tour de France and the great cobblestone classic, Paris Roubaix. I'd need to know what I can shoot and more particularly, my restrictions.

So as you can imagine, google has been busy for me today and will continue to be busy for hours still