Current photographer rights and rulings re privacy

[Wappie]

Hi everyone.
I find myself in need of the exact rulings and laws applicable to photographers in 2010. Could someone please enlighten me or send me any websites with this information.

Also I would really like to be informed about what we as photographers are " allowed" to photograph despite the laws, in other words what are the unwritten rules that we operate under, simply because it is either smart to do so, so as not to rile the public, or they are the behaviours that photographers have accepted as the norm.

Once I know the information requested, is it then acceptable to calmly state to an unhappy person that I am operating within the law, and continue to take photos?

Thank you.
Wappie.....Qld.

[gstark]

Hi,

What problems are you anticipating coming up against? What and where are you intending to shoot?

Basically, stay away from anyone who looks younger than about 25.

If you're on a public street, shoot whatever you wish, but just exercise common sense, respecting that you should never be intruding into any other person's domain, nor should you be seen to be doing that.

Being respectful is important; ask people if they would mind being photograped, rather than just taking advantage.

[radar]

This may help but it is specifically for NSW. There are some funny rules up your way so use your common sense.

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

and Gary has some good basic rules to start with.

André

[Wappie]

[quote="gstark"]
respecting that you should never be intruding into any other person's domain, nor should you be seen to be doing that.

Gary, could you please explain what 'domain' means to you.

My reason for this query is because I was photographing house paint colours from inside my car on a public road in Brisbane and was taken to task despite a block of vacant land between me and the house I was photographing. What would you say to the upset person in this case?

[quote="gstark"]
Being respectful is important; ask people if they would mind being photograped, rather than just taking advantage.

I am so respectful that I am not taking any photos which include people in the fore to mid ground for fear that they will take me to task. This is why I want to know what is acceptable in this day and age, and what is legally acceptable, so I don't step outside the rules, but don't restrict my hobby unnecessarily.

Thanks Gary.

[Matt. K]

This is not legal advice but is my understanding of the law relating to photography at the present time. You can photograph anything or anybody that you can see from a public place. Exceptions are... you must not photograph any child who is a ward of the state. You may not photograph anybody on or in the grounds of any court of law. The moment they step off the grounds of a court of law you may photograph them. You may not photograph any military base or approach any military base with the intent to photograph. You may not publish any photograph of any military personnel whose identity is protected. (Normally, SAS ...Special Air service...or Commando.... or IRR......Incident Response regiment). Apart from those exceptions you are entitled to photograph anything that you can see from a public space. This includes shop window displays, buildings, statues etc. You are not entitled to take photographs inside shopping malls, WestFields or other places that allow public entry but are in fact owned privately. You are not breaking the law when you photograph people who don't wish to be photographed...they have no legal right to privacy when they are in a public place....as you yourself have no right to privacy in a public place. Be courteous but do not allow your rights to be diminished. Australia is a free country and many good men died so that it may be be so. Honour their sacrifice by exercising your rights.

For more detailed info see...http://www.4020.net/words/photorights.php

[gstark]

As Matt has noted, my comments also are not legal opinion. Heaven forfend!

respecting that you should never be intruding into any other person's domain, nor should you be seen to be doing that.

Gary, could you please explain what 'domain' means to you.

My reason for this query is because I was photographing house paint colours from inside my car on a public road in Brisbane and was taken to task despite a block of vacant land between me and the house I was photographing. What would you say to the upset person in this case?

OK, there's two points here.

Domain: We all have a right to privacy, but only while we are in a private location. The concept of privacy, whilst we are in a public place, does not exist - it cannot exist - yet some people seem to be oblivious to the lack of logic of that premise.

Having said that, we all like to enjoy an element of our own personal space. Would you shove a D3/1D up somebody's nose, to take an extreme example? I often have issues with what paparazzi do, partly because of that element. Don't (obviously) intrude, don't make a nuisance of yourself.

To me, that would be demonstrating respect of an individual's domain.

Getting to the specifics, and this is none of my business (see, I'm respecting your domain) but why were you shooting from within a car?

I would tell the person to go and get well and truly ....

No. I would politely explain to the person exactly the situation: that I'm shooting something, from a public space, that is visible from that public space, and that there is nothing at all wrong with me performing this activity, that it is a perfectly legal activity. I might then enquire as to whether there were any factors that he was aware of that made my activities illegal.

Might. That depends upon the person's attitude.

Perhaps, in shooting from within a car, you may have aroused suspicions: consider that this person might have been involved in some sort of legal battle involving the use of PIs. None of that changes the legal position, but, as you can appreciate, it might affect a person's perspective of what they think they're seeing. Or perhaps they're just a paranoid moron.

Remember that you should not only always be polite, and firm, but also be intelligent. Their shotgun will win over your camera.

If you're doing the professionally or semi-professionally, then having some business cards that identify you as a photographer can come in handy too.

Shooting paint colours sounds very much to me like a private activity though, and I believe that what you were doing was well within your rights.

Being respectful is important; ask people if they would mind being photograped, rather than just taking advantage.

I am so respectful that I am not taking any photos which include people in the fore to mid ground for fear that they will take me to task. This is why I want to know what is acceptable in this day and age, and what is legally acceptable, so I don't step outside the rules, but don't restrict my hobby unnecessarily.

Let's take a slightly different PoV on this. I live close by Bondi Beach. That well known, world famous beach. Surely you've heard of it? Unless you live in the USA. or anywhere other than Japan, or Earl's Court in London.

What would a bona fide tourist be able to photograph at Bondi Beach? Or any other beach? What would be your reasonable expectation here?

As a resident, should you subject to any different expectations or restrictions? If so, why? If not, then perhaps that should be your guide.

[Reschsmooth]

This is not legal advice but is my understanding of the law relating to photography at the present time. You can photograph anything or anybody that you can see from a public place. Exceptions are... you must not photograph any child who is a ward of the state. You may not photograph anybody on or in the grounds of any court of law. The moment they step off the grounds of a court of law you may photograph them. You may not photograph any military base or approach any military base with the intent to photograph. You may not publish any photograph of any military personnel whose identity is protected. (Normally, SAS ...Special Air service...or Commando.... or IRR......Incident Response regiment). Apart from those exceptions you are entitled to photograph anything that you can see from a public space. This includes shop window displays, buildings, statues etc. You are not entitled to take photographs inside shopping malls, WestFields or other places that allow public entry but are in fact owned privately. You are not breaking the law when you photograph people who don't wish to be photographed...they have no legal right to privacy when they are in a public place....as you yourself have no right to privacy in a public place. Be courteous but do not allow your rights to be diminished. Australia is a free country and many good men died so that it may be be so. Honour their sacrifice by exercising your rights.

For more detailed info see...http://www.4020.net/words/photorights.php

Very good summary about our photographic rights. But lets not forget that, with most rights comes responsibilities, and that includes a responsibility to act with courtesy to others.

[DaveB]

Hehe. A vaguely related story...

Recently I was in my car with a bit of time to spare between a job and a meeting. Driving all the way home would have wasted about an hour, so I pulled into a quiet suburban street and parked in the shade of a tree. No parking fees or restrictions, and quite a pleasant spot. Opened up the windows for a bit of air flow (it was a warm day) and opened up my laptop to catch up on some paperwork. After a while I had paper spread all over the passenger front seat, my laptop on my lap, had my phone headphones in with music going in between phone calls, and I felt I was being very productive in my mobile office. After about an hour and a half I was getting ready to pack up and head off to my meeting, when I noticed someone walking towards me from the other side of the road.
Turns out they were wondering why I was watching their house (huh?). Maybe they had things going on in their life that made them a bit sensitive... I assured them I wasn't and was just using the pleasant spot to catch up on work. Appeased, they headed back to their house, but presumably were still keeping an eye on me. I must admit I did stay around a bit longer so it didn't appear that they'd "scared me off"! I still made my meeting in time.

Now what would they have thought if they'd seen the bag of camera gear on the seat behind me (which was in the foot well and covered up with towels to keep off the sun)? I'm sure they would have been even more paranoid and confrontational!

No laws broken, nothing on my side that I thought would be a problem for anybody, but in this case introducing the "it's OK, I'm a professional and here's my card" factor might have even made the situation worse.

[Wink]

This probably doesn't apply in Oz, but i've read in the US they ban people from photographing certain buildings, even though you're doing it from a public spot.

I've also read that all images of the Eiffel Tower taken at night are protected by copyright laws as the lights on the tower are considered artwork.

[gstark]

I've also read that all images of the Eiffel Tower taken at night are protected by copyright laws as the lights on the tower are considered artwork.

There are similar regulations pertaining to shots made along the Sydney Harbour foreshores. Commercial shooters need to obtain a license to shoot; snapshooters get what the deserve.

[Wappie]

G. Stark wrote
"but why were you shooting from within a car?"

I have been driving around simply taking photos of house colours that appeal. There is no need to jump out of the car most times. However I can see that for some people it may look odd photographing houses with a long lens!

Thank you all for your information. I appreciate all the feedback. Some people seem to be quite stressed re this privacy issue, however now I know what is reasonable and can work from there, as of course each circumstance is going to be different.

[malificentmuse]

Hi, I've read through 4020 before (its an invaluable resource, especially the PDF), but was wondering if anyone had information on whether police could issue a "move on" when you're photographing? My issue stems from doing protest photography, and even though I'm not a protester, nor affiliated with the group, I have been asked to move to the other side of the road... etcetc. I was wondering if police have powers to do this?