Copyright / Photographers Rights

[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.

[Nicholas N]

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 ??

Anybody can call the cops, the fact is they cannot charge you with anything if you are within your rights to be there.

Photographers rights are trampled and all we do is say "is my shot worth the confrontation?"

Answer: Yes it is. If it is not illegal, do it. If you are challenged stand your ground.

Otherwise you are back on the list of photographers who complain about the erosion of their rights but never stand up for them.

[kiwi]

Let common sense prevail. It's often common sense to walk away to fight the battle another day - its those that dont fight the battle the other day that are letting themselves down

Every time I have been challenged by authority I place a phone call or write a letter the next day so that next time hopefully the education is there

[reaction]

Indeed guards ignored my showing of my rights.
Don't back down easily, give them something to thnk about and write to mgt /politely/ about your rights.

In my case my friends didn't want to fight it after they ignored my doco, so...

[MarkChap]

Anybody can call the cops, the fact is they cannot charge you with anything if you are within your rights to be there.

True Nicholas, but as soon as they give you a direction to leave, (even if it is because they don't like being proved wrong) and you dissobey them, you ARE then commiting and offence and will be charged.
If they want to win they will, as the old saying goes -

Discretion is the Better Part of Valour.

[Nicholas N]

True Nicholas, but as soon as they give you a direction to leave, (even if it is because they don't like being proved wrong) and you dissobey them, you ARE then commiting and offence and will be charged.

They can charge you if they want, when you go to court they still have to prove you were in the wrong. Any solicitor could prove you had legal access to wherever it was you were and get you off.

[fairvue]

True Nicholas, but as soon as they give you a direction to leave, (even if it is because they don't like being proved wrong) and you dissobey them, you ARE then commiting and offence and will be charged.
If they want to win they will, as the old saying goes -

Discretion is the Better Part of Valour.

That is exactly what I did when told to leave. I was with a group of big network photographers covering a sitdown protest in Canberra's parliament house. I was singled out by the police because I don't belong to any media group/network.
To avoid arrest I decided to leave parliament house. (Disobeying Police instructions can cause an arrest)

[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.

[damnameany]

I would refuse initially to move on by the police if I was in my legal right to be there and to take the shot. Pointing the above out and saying that to satisfy someone else they are infringing on my rights to do what I am doing. Of course if this does not work move you will lose. First asking for the officers name and badge number (in the UK the police legally have to give this if asked) and then writing to the relevant person of my dissatisfaction in the handling by the police. And when this is sorted via letters go back and take the shot taking said letters with me in case of reoccurrence of the problem.

[ricktas]

I would refuse initially to move on by the police if I was in my legal right to be there and to take the shot. Pointing the above out and saying that to satisfy someone else they are infringing on my rights to do what I am doing. Of course if this does not work move you will lose. First asking for the officers name and badge number (in the UK the police legally have to give this if asked) and then writing to the relevant person of my dissatisfaction in the handling by the police. And when this is sorted via letters go back and take the shot taking said letters with me in case of reoccurrence of the problem.

And by refusing to move initially you are them breaking the law. Failure to undertake the direction of a police officer, ring any bells?