Copyright / Photographers Rights

[ricktas]

This thread will be used to compile relevant information, including links, that relate to the Rights of Photographers, Copyright issues etc.

Australian Copyright information for Photographers
- General Information : http://www.copyright.org.au/
- Art, Photography and Design: http://www.copyright.org.au/informat...ign/visart.htm
- Specific to Photographers: http://www.copyright.org.au/pdf/acc/...s_pdf/G011.pdf

Photographers Rights
- Street Photography: http://www.artslaw.com.au/legalinfor...hersRights.asp

Please feel free to add relevant information below

Note: Due to ever changing legislation, the information provided in the links contained in this thread may be out of date. if unsure please seek up-to-date information from the relevant authorities. Legislation can differ from State to State. Ausphotography site rule 14 should be read.

[AdamC]

http://www.4020.net/words/photorights.php

Primarily aimed at NSW obviously, but does have information relevant to other states as well. Site has a handy downloadable summary sheet in PDF for reference when accosted in public.

[reaction]

Rights of Professional and Amateur Photographers petition
http://www.petitiononline.com/ausphoto/petition.html

[Nicholas N]

I love this thread,

I have gone to the site Adam provided, printed the entire thing and will carry copies in my camera bag, car and on me any time I have my camera so I have reference material for the complainant, police, security etc if they try to hassle me.

[MarkChap]

Unfortunatley you could carry an entire library on the subject with you, but it will not make one iota (,--Spelling ?) of difference.

1 :- If you are challenged by a person of authority (police) they will still insist that you follow their directions, of which you don't have a lot of choice.

2:-If hassled by others (esp security gaurds that are full of themselves) they will be too ignorant to understand and appreciate the information you have and continue to hassle you.

You would really need to ask yourself if the shot is worth confrontation/aggrevation and then the possible escalation to having the police called whereby which you are back at point 1 and lose anyway ??

[Kym]

I do keep a few of the printed PDF version (doubled sided) of http://www.artslaw.com.au/legalinfor...hersRights.asp in my camera bag.

I've used it to shut up an officious security guy last year. I was very polite and pointed out that I was within my rights when on public land. He said 'what about (c) etc.' and I explained that I actually owned the (c) as the photog etc. Ended being nice about it and did realise that the law was on my side. Probably a rare encounter.

[Xenedis]

2:-If hassled by others (esp security gaurds that are full of themselves) they will be too ignorant to understand and appreciate the information you have and continue to hassle you.

All a security guard can do is ask you to leave private premises.

It's worth carrying a print-out of Andrew Nemeth's cheat-sheet on NSW photographers' rights. That way, ignorant fools can be educated.

You would really need to ask yourself if the shot is worth confrontation/aggrevation and then the possible escalation to having the police called whereby which you are back at point 1 and lose anyway ??

You'd have to make a judgment call based on the situation.

But really, photographers, who are pursuing an inoffensive, perfectly legal and socially acceptable recreational activity, should not be hounded by ignoramii and made to feel like predators and criminals.

The more we bend over to the ignorant masses and cop it, the less freedoms we will have.

[sepon]

hello. this is my first minute on this forum and i decided to jump in the deep end. i see there is already a reference to < http://www.4020.net/words/photorights.php > ...that's good. i have found that site and that document of great interest in the past. but i would like to address a chapter in that document referring to the Australia Council which references the 2008 Henson debate, < http://www.australiacouncil.gov.au/t...le_for_comment >.

i am a working professional, mainly narrative and process documentary work but i also work in nudes as an exhibition photographer, have done for 20 years or so. i was approached a month or so ago quite innocently by a young lady who wanted some promo shots done for a future in swimwear modeling. my first response was, sure, seems easy enough and i have done some of that work before, years ago. but after "agreeing" she said she was 16. so i politely said, sorry, i didn't feel comfortable with this and she needed to be 18, anyway. she accepted that but added that 16 was the legal age of consent and there was no legal issue with the work, even though it was clothed, however scantily, i would suspect. so i still bowed out.

but this has brought up some debate with colleagues as to just how to define "legal age of consent" and the Australia Council Draft Document was brought up, which i have read yesterday.

i am curious, as are we all in this discussion group of mine, the ethical/moral/social/legal position of any kind of figure work with models from the age of 16 on upwards, what is the "real" legal position within the profession? "legal age of consent" might imply legal but i would suspect there would be a battle ahead, given i thought the legal age for any figure work, nude or near-nude, would be 18. one of my colleagues (on this site forum for some time, referred me to it) has discussed taking on the commission of the shoot with this girl. so the debate continues... does anyone have an opinion on this?

cheers,

sepondja

[ricktas]

People under 18 CANNOT legally enter into contracts, a parent or guardian MUST sign any contract with them. End of story! So even if the legal age of consent (which relates to sexual intercourse) is 16, it does not cover contractual agreements. Your model in you example above is using an unrelated and irrelevant legal position to argue for a differing situation. The Legal Age of Consent and Contractual Legal age are two entirely different things.

[Kym]

And even if a parent / guardian signs... nudes etc of someone 17years & 364 days old could get you done for paedophilia / child porn etc. Forget ethics and morals - its the law in this case.

[sepon]

thanks for the prompt reply! we were just on the phone talking about this thread. i think this will put paid to the discussion.

cheers,

s.

[Jube]

Here is aother useful link:
http://earleyedition.com/2008/12/30/...tion-of-links/.

Just to follow up on Kym's comment about Australia following what happens in the UK - one example is the use of anti-terror laws/police powers (both in the UK and in Australia) to stop street photography / reportage - some of you may be familiar with these stories: http://www.news.com.au/couriermail/s...76-952,00.html
http://www.sydneyalternativemedia.co...liberty-folks/

On the issue of copyright, while the photographer owns copyright in the photos he or she takes, you can actually infringe someone else's copyright by taking a photo, even though you have copyright in the actual photo. This is often one of the reasons you can't take photos of art in galleries - you might well be making an unauthorised copy of an artwork by taking a photo of it. This is not always the case, however, so photographing street art/public installations is usually fine from a copyright perspective, as is photographing artworks out of copyright (but there may be other reasons you can't photograph them!).

[Leanne]

Ken Duncan is also an advocate for standing up for photographers’ rights. He placed an article recently in the FCC’s October F-stop http://www.photographynsw.org.au/news_pdf/fcc_0910.pdf and was quoted as saying: “Photographers, who used to be looked upon with favour as people recording and documenting life, are now being looked upon as predators, .. “

Along with a few fellow professional photographers, he set up “Arts Freedom Australia” some six years ago and has been encouraging different photographic associations to band together in the fight against bureaucracy. Check out the website: http://www.artsfreedomaustralia.com/blog/

[damnameany]

Very true ricktas but I would expect comment sense to prevail in that I am not being stroppy or aggressive just pointing out that what I am doing is not illegal. If they still insist that I move on then I would. As I said the police win and more important they are just doing their job as they see it. Something I do not have any form of problem with and respect the difficult job that they do.

[Longshots]

Sorry Damnameany, but you would be entirely in the wrong. Although you dont think you would be being stroppy, almost every policeman, authorised secturity guard (employed to enforce terms and conditions of entry of private premises/locations - which often appear as public but are not) arguing with a security guard will guarantee a discussion with a policeman, and if you ignore what they tell you, and I can assure you it will be brief, then you are highly likely to escalate the issue. Let me assure you as an exPom, that the police in Australia have far less interest in listening to you and a print out of from albeit a well respected person who has a legal background, (he is I believe no longer practising), would be highly inflammable to the problem. Plus I've yet to see a policeman or security guard respond with a similar document

In some cases, despite what you think about a freedom to photograph any where you like, it is actually illegal, depending on where you are. Why not have a chat with Ken Duncan who is the head of a lobbying group to try to resist the ever increasing restrictions applied to photography across Australia. A public place or assumed public place is not always somewhere where you can do want you want. Quite simply if you are asked to move on, then you have to do so, and that is the same in London and Sydney - as a Pro shooting in both cities I've experienced exactly the same.

Personally I think its hugely unwise to try and pull out a printed section of one's rights to photograph. Sure it annoys the crap out of me to experience being moved on, but once I've been asked, I will politely point out that I have a right to do what I do, and then I will obey the directions given to me, because it is quite simply not worth the grief.

[rellik666]

Just something for VIC rail, thought it may be useful as I heard that you can't shoot at Spencer St station, Metro Rules

[MattHylton]

I'm with Longshots I have many a time been asked what I am doing late at night with my camera. But I always pack up and come back again another time.

[JohnRA]

........ But this subject is foremost in the minds of those who use a camera in public places.
If this thread has been posted previously I'm sure the Moderators will respond.
It would do no harm to carry a print out of this information in the camera bag.

http://www.artslaw.com.au/legalinfor...hersRights.asp

[maccaroneski]

I think that's been posted in the sticky thread at the top of this forum regarding police and photographers' rights, but it does bear repeating.

http://www.ausphotography.net.au/for...ad.php?t=24730

[ricktas]

Yeah, that link gets posted on the site every few months. Doesn't hurt to bring it back to current discussions on occasions though