Privacy Laws ?

[tubs]

I'd like to start a thread to see what I can find out about the rights of people being photographed in public. My wife and I don't see eye to eye on this. Ideally, I'd like input from somebody who knows the laws here in Australia, but still I'm interested in any experiences the group can share.

I regularly encounter examples of the following or similar: I'm in a ski-boat, taking action shots of the water skiers, who are generally my extended family or acquaintances. The better shots, I enter into my local camera club comp. Fifty people see them there. If one shot gets a place then it goes on to a high level competition which I may or may not attend. ~200 people see it there. Do I have an a) legal, and b) moral obligation to request/inform the skiier that their face is in a photo for public viewing ? (The public are allowed to attend club comps, but usually its just club members.) Does it make a difference if I sold the image to a magazine ? If I require a model release form to sell the image, where to I get the form ?

I originally thought there was no legal obligation, but my wife reminded me of the recent incident at Bondi beach, where the guy was taking shots of the topless lasses with his mobile phone camera. As I recall, one girl's boyfriend tackled the guy, called the police and held him until they came, took him away and charged him. Does anybody know what the guy was actually charged with ?

I'm not asking for legal advice, merely if anybody could share their experience in thie regard.

[intechpcx]

This is in an area that couldn't possibly be more gray. In the US, if you're doing something out in public (i.e. not on your own private property) you have no legal expectation of privacy. Therefore anyone that photographs or video tapes you has no legal obligation to obtain your permission. So from that perspective, no you wouldn't need to get any form of permission regardless of how the picture was used. However, it is often a good idea to try and get explicit permission either before or after the shot. The thing is, at least here in the states, even though the law says one thing, the courts often rule in seemingly contradictory ways. Generally those types of lawsuits happen because the subject is surprised and therefore angered if their picture shows up somewhere else. If they know they had the picture taken, it isn't as much of a surprise and they're less likely to become upset especially to the point of suing.

I can't speak directly to the situation to which you refer as I'm not familiar with it. However, if it is a topless beach there may very well be some sort of ordinance or rule posted by the beach that outlaws cameras. I have to say that in absense of either, there's no way that arrest would hold up in the US in fact the way things work here, the guy with the phone would probably have a case for assault against the boyfriend.

In your particular case, I would have to believe you are OK. From your description the folks you are photographing are engaged in a public exhibition of sport which certainly brings with it the expectation of being photographed or at minimum, no expectation of privacy. Obviously all of the above is based on my knowledge which may or may not be accurate. Also I can't speak to laws in Australia, only here in the states.

[RockSlut]

Tubs, I understand your concerns! I can't really speak for inclusion in competitions, but the Bondi incident that your wife has mentioned is not unlikely to be an issue for you.

I am not a lawyer - therefore this is not legal advice. Here is the results of my research on the matter.

The case in Bondi was quite interesting. Despite the moral outrage about the idiot's actions he was not breaking any laws in regards to his photography. As far as I am aware, he was charged for "offensive behaviour" (see this article (http://www.guardian.co.uk/australia/story/0,12070,1348136,00.html) )

The reason being is that there are no laws preventing you from taking photos of a person in a public place - there is no expectation of privacy on a public beach. There is no expectation of privacy as with for example a person in a public restroom or in their own backyard, or up a lady's skirt. That being said, this *may* change as a result of the perverts who take voyueristic photos in public places. There has been a recent case in Queensland in relation to a man taking photos of young girls swimming in a public pool. Given the difficulty of legislating for this properly legitimate photographers may be negatively affected if the Queensland Government does try and legislate for similar scenarios.

The laws that are likely to be relevant to you at this stage are civil in nature, being that the subject could potentially sue you for profit that you have derived from the sale of photos of them if they have not provided you with a release. The exception to this is in relation to editorial use (ie for a news article. Basically, if you start selling prints or otherwise license (except for editorial purposes) the photos to persons other than the subject you may have problems.

There used to be a really good article on http://www.artslaw.com.au/ that explained the civil issues really well. Unfortunately it is gone and the closest I can find is the last FAQ here (http://www.artslaw.com.au/LegalInformation/04FAQ.asp).

I hope this information helps.

[RockSlut]

Sorry, two last things

1. If you are in/on private property or at an organised event the event organisers/venue operators may have their own policy on the matter. If you've paid an entry fee check the back of your ticket or on the website for the organiser/venue.

However, given the fact that you are photographing competing waterskiers this may not apply (depends on where you are shooting from).

2. If you are entering the photos in competitions, check the conditions for entry. Last time i looked into entering a competition there was a condition of entry that you be able to supply a signed release upon request.

[tubs]

Many thanks for your input guys. I have to say, this forum really is fantastic for researching the tough questions. I hope I can help you one day.