In Australia someplace (Sydney maybe, or was it Melbourne?) I recall coming across a street art fair. One painter had a handwritten sign on his booth: "Please - No Photographs!" I passed him by, noting the suspicious glare he gave to my two Pentax DSLR's. Fifty meters or so down the street I took a few wide shots of the whole scene, including a 3/4 frontal view of his booth. He came running out foaming at the mouth. I ignored him and walked away. I mean really! I understand his concern for protecting his intellectual property, but his reaction was way over the top.
stan On Nov 29, 2011, at 6:00 PM, Philip Northeast wrote: > One of the problems in Australia, and other countries with a Federal system > of government, is the conflict between state and national(Commonwealth) laws. > > So this applies particularly to Tasmania, an Australian state. > > Privacy laws apply to information, so medical records and other personal > details are protected by Federal privacy legislation, there is no right to > privacy regarding images in the Privacy act. > > For street shooters this means that if you can see it you can photograph it > if it is in plain public view - if there is "no expectation of privacy " by a > person. > > This caveat allows for laws to prohibit photographing in public toilets (it > is a public place by there is some expectation of privacy). Other practices > such as using mirrors for upskirt photography come under this caveat. > > Even if the subject is on private property, but still in plain view then > there is no definite prohibition on photography. > > Australia does not have a specific right to freedom of expression in the > federal constitution but because the constitution specifies a democratic > government it implies there must be free discussion to achieve this - freedom > of expression. > > Protections against photography and its use. > ============================================= > To protect people there are federal defamation laws that could apply if > publishing the photograph damages a persons reputation. > > There is also the concept of Nuisance - persistent photography that harasses > the subject could get the photographer into trouble. > > Section 13 of the Tasmania Police Offences act deals specifically with > restrictions on photographing and publishing. > > > > POLICE OFFENCES ACT 1935 - SECT 13B > > 13B. Publishing or distributing prohibited visual recording > (1) A person who publishes or distributes a prohibited visual recording > of another person having reason to believe it to be a prohibited visual > recording, without lawful and reasonable excuse (proof of which lies on the > first-mentioned person), is guilty of an offence. > > Penalty: > > Fine not exceeding 50 penalty units or imprisonment for a term not exceeding > 12 months, or both. > (2) In this section – > > "distribute" includes – > (a) communicate, exhibit, send, supply or transmit to someone, whether to a > particular person or not; and > > (b) make available for access by someone, whether by a particular person or > not; and > > (c) enter into an agreement or arrangement to do anything mentioned in > paragraph (a) or (b); and > > (d) attempt to distribute; > > "prohibited visual recording" of another person means – > (a) a visual recording of the person in a private place or engaging in a > private act made in circumstances where a reasonable adult would expect to be > afforded privacy; or > > (b) a visual recording of the person's genital or anal region, when it is > covered only by underwear or bare, made in circumstances where a reasonable > adult would expect to be afforded privacy in relation to that region. > > > > > Philip Northeast > > www.aviewfinderdarkly.com.au > > On 30/11/11 5:06 AM, Thibouille wrote: >> The teacher asked to do some work about a legal issue concerning legal >> rights of photographs use. >> As he showed us a couple short movies on the topic and because I >> believe that street shooting is indeed a fundamental of photography, >> I'd like to know: >> >> * the status of street shooting in your country, both on a legal and a >> practical point of view (I know that often things are permitted but >> some zealot thinks you shouldn't be allowed to no matter what the law >> is) ? >> * did the status of street shooting in your country change in recent >> years (I'd say recent being last 15 years till today) ? >> * would you say there's a tendency to restrict photographer's rights >> in your country and why/how ? >> >> >> This doesn't need to be huge answers, really. But if you have any >> legal reference in your mind, please do so :) >> >> I just can't check legal status in 30 different countries myself, but >> I'm very interested (and somewhat concerned) about this. >> >> Thank you for your cooperation :) >> > > -- > PDML Pentax-Discuss Mail List > PDML@pdml.net > http://pdml.net/mailman/listinfo/pdml_pdml.net > to UNSUBSCRIBE from the PDML, please visit the link directly above and follow > the directions. -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
