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Thread: Photo advice????

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    Expert chester's Avatar
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    Photo advice????

    Hey guys just a question
    Can someone take a photo of you without asking your permission?
    Ive had issue's of a person taking pic's of me and my patrol.
    Approching the person is NOT an option.
    They have a number of photo's of myself,can the police do anything about it?

    Cheers
    A GOOD MATE WILL BAIL YOU OUT OF JAIL, A BEST MATE WILL BE SITTING NEXT TO YOU SAYING YEP WE F**KED UP

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    Hardcore belzi82's Avatar
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    I believe it's not illegal to take someone's picture, but to publish ot post on the web, would require your permission. If it is published or placed on the web, without permission, and it causes you harm, embarrasment, or inconveinence I believe you would have a lawsuit.
    A woodland in full color is awesome as a forest fire, in magnitude at least, but a single tree is like a dancing tongue of flame to warm the heart.

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    chester (13th November 2011)

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    Hardcore belzi82's Avatar
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    "Copyright Council of Australia

    http://www.copyright.org.au/pdf/acc/InfoSheets/G011.pdf

    Copyright is granted on this document free for non-commercial use.


    Do I need permission from people I photograph?

    A person’s image is not protected by copyright. However, in some cases, using a person’s image without permission may be prevented under other laws, such as the law of passing off, the Trade Practices Act 1974 and State and Territory fair trading laws. These areas of law concern conduct which may mislead or deceive the public and may particularly come into play if the photograph you are taking is of a well-known person, and is to be used, for example, as a poster or as a postcard or in advertising. In some cases, uses of photographs may be defamatory of people in them.

    If you are commissioned to take photographs, it should not generally be your job to check these issues. However, it may be a good idea to alert clients to the fact that they may need to seek advice from a solicitor with the relevant expertise (note that the Copyright Council does not advise on these other areas of law). Generally, if you have asked somebody to sit for you, you should get a “model release” from that person which will allow you (and others) to use that person’s image for purposes which will generally include commercial uses. (For a sample photographer's model release, with explanatory notes, see the Arts Law Centre of Australia website http://www.artslaw.com.au/).

    In other cases, photographers may take more casual shots—for example, photographs of people in the street or at markets, or playing sports. If you know that you might later be using such a photograph commercially, it’s generally a good idea to get a model release from the people you have photographed. If it’s impractical to get the people in your shots to sign model releases, or if they refuse to do so, your ability to use or license the use of the photograph in certain ways might be limited because of the laws discussed above.


    Privacy!

    It is generally not an invasion of privacy to take another person’s photograph. However, in some circumstances, you may be required to comply with the National Privacy Principles in the Privacy Act 1992 (Cth). For further information on this issue, contact the Office of the Federal Privacy Commissioner or see the website http://www.privacy.gov.au/. The Copyright Council cannot advise on this area of law. "
    A woodland in full color is awesome as a forest fire, in magnitude at least, but a single tree is like a dancing tongue of flame to warm the heart.

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    chester (13th November 2011), Finly Owner (11th November 2011), patch697 (11th November 2011)

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    Rotaredom NissanGQ4.2's Avatar
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    Would have to agree with Bel on this one.

    Could always try your local police station and see what they have 2 say. But I doubt they will do anything about it.

    Big brother is spying on you Chester

    My dad had the same problem when he done his back in... compo claim I think, had guys taking pics of him and following him when he left the house for weeks on end. Nothing he could do about it
    Time is never wasted when your wasted all the time



    WARNING: Towballs used for recoveries can, and do kill people and damage property.

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    Administrator AB's Avatar
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    I have to ask though. Why are they taking photos of you and your Patrol.

    What do you say when they take a photo?

    What do they say why they are taking a photo of you, etc....lol

    Is this a friend or a stranger.

    I would be approaching this person if not a friend and asking questions but I obviously don't know what situation you are exactly in at the moment.

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    Patrol God Finly Owner's Avatar
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    Quote Originally Posted by Plasnart View Post
    My understanding is that it's legal to photograph a person in a public place (ie outside of private property) but not legal if they're trespassing on private property to take it. Not a lawyer though Chester so maybe you should get some legal advice on this issue. Drop into your local community legal service for some free advice.
    Plassy, it is only illegal to take photos of people in public if it could be seen as breach pornography laws especially children. Otherwise it is only illegal to use a persons image for any public display without their consent.

    Tim
    Getting Older Is Unavoidable, Growing Up Is Optional!

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    Rotaredom NissanGQ4.2's Avatar
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    Quote Originally Posted by Finly Owner View Post
    Plassy, it is only illegal to take photos of people in public if it could be seen as breach pornography laws especially children. Otherwise it is only illegal to use a persons image for any public display without their consent.

    Tim
    So Chester what Tim is saying is if you you start running around starkers you should be able to tell the policeman that is arresting you for streaking in public that the man across the road is taking photo's of you.
    Time is never wasted when your wasted all the time



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    Patrol God Finly Owner's Avatar
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    And I am going to ask the obvious question,Is your Patrol an awesome rig that appeals to people? If you appreciate your Patrol, they probably do to.

    I have asked many people if they mind if I take a pic of their vehicle as I appreciate many different vehicles and they can appear anywhere.

    Vehicles on display are generally accepted as open for photography, while part of a public display. This may also be the general conceived thoughts while in use at 4WD parks.


    Tim
    Getting Older Is Unavoidable, Growing Up Is Optional!

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    chester (13th November 2011)

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    SUCH IS LIFE Maxhead's Avatar
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    Quote Originally Posted by chester View Post
    Hey guys just a question
    Can someone take a photo of you without asking your permission?
    Ive had issue's of a person taking pic's of me and my patrol.
    Approching the person is NOT an option.
    They have a number of photo's of myself,can the police do anything about it?

    Cheers
    Drop your dacks and give him a brown eye mate.

    50/50, he could stop or get exited......sorry mate that's the only advice I have
    ________________________
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    I don't have a short temper. I just have a quick reaction to bullshit


    WARNING: Towballs used for recoveries can, and do kill people and damage property.

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    chester (13th November 2011)

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    Expert chester's Avatar
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    Thanks guys,The person is taking the photo's not because they like my patrol or because ive hurt myself at work.

    I can't say to much sorry
    Last edited by chester; 13th November 2011 at 08:45 AM.
    A GOOD MATE WILL BAIL YOU OUT OF JAIL, A BEST MATE WILL BE SITTING NEXT TO YOU SAYING YEP WE F**KED UP

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