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Photo's - Legalities

Discussion in 'Politics, Laws, Government & Insurance' started by Sir Skuffy, Nov 9, 2005.

  1. HEY... I was just wondering..... With regards to taking photo's... Do you know you can sue someone if they take a photo without your consent....

    So, why is it that police can take photo's of you speeding...... Does that not require your consent.....????? I did not allow them to take my photo nor did I give them permission....

    As for giving a photo in court, it cannot be submitted in court without expressed permission of the person of whom the photo was taken or a court order to have taken the photo in the first place????

    Hmmmmmm..... Interesting is it not
  2. I'm pretty sure you don't actually have copywrite on your own image (which I was amazed about when I first herd). So you can't stop someone taking your photo.

    And I'm pretty sure the court thing is not right too.
  3. Damn. That is interesting. If I upset my friends, I could be up for millions in compensation. :D

    You'd imagine that Braxy would have given the police and the private operators an exemption to that law so that they couldn't be sued. But technically, they're not taking a photo of you, they're taking a photo of your vehicle. Can one sue for having their possessions photgraphed?
  4. I don't believe your slant on this is entirely correct skuff.
  5. No you cannot currently sue somebody for taking a photo without your consent. Unless they do so by unlawfully gaining access to a private place without your consent. There is currently no legislation protecting you in a public place unless it is taken for "prurient purposes" ie using a videophone to film a topless chick on the beach. The who issue of video and camera phones is likely to prompt a review of the legislation though.
  6. How sure are you though????

    Anyway, just stirring up the pot and seeing what people think.

    Maybe, someone in the legal industry will read this and make comment..... I am quite interested on the impact this has on my civil rights to prevent law enforcement taking my photo without some 100% legal justification
  7. Not so much about the initial taking of the photo (in this country anyway) more about subsequent use of the image. I am unaware of the specifics of the law on this point but the basic rule is that to sue you need to be able to show the loss/damage that you have suffered and are seeking recompense for. If someone has merely taken a photo of you loss/damage is hard to show.

    As for cops and speed cameras, you can guarantee that any privacy issues are taken care of in the enabling legislation.
  8. Copyright applies only to the photographer, and exists until 50 years after his death. Unless he contractually assigns it to somebody else.
  9. Think of it this way Skuff - cops are allowed to speed in the line of duty, even though it's illegal for everyone else. The same probably applies with taking photos without permission. :roll:
  10. I'm pretty sure about the copywrite thing as my partner works in the arts industry. It's certainly not in any legislation anywhere, so if it exists it's a civil thing.
  11. Pretty sure. The test case involved Telstra's use of a couple trapped in flood waters some years ago. The attempted to sue for the unauthorised use of their image, and the suit was unsuccessful. The reason they were so pissed was that Telstra used their image in an ad that sought to highlight how Telstra's network was a key part of the community's disaster response - in fact, the photo showed them discovering that the local payphone was still out of order.

    As to the statute that enables the police to take your photo (or, for that matter, any security camera), no idea.
  12. You won't be able to sue...the paparazzi have been taking pics of celebs for as long as I can remember.
  13. Incorrect. Cops who speed without authority can be, (and have been), done for speeding. Likewise, if you can prove it was a life threatening emergency, eg somebody bleeding to death in your car, then you have the same defense as a cop who speeds in the line of duty, and for the same reason.
  14. LOZ, you bastid..... Awesome photo's.....

    When are you coming on the next adventure????
  15. Umm no. I was reading the new legislation yesterday. Emergency services are exempt from speed limits.

    I was reading through it because there is now a uniform one for every state. So it's still state law, but they are all they same. 27 october it come in.
  16. Very Very Sure. We are in the TV industry, and one of our directors, Prof Mike Grant, is on the Commonwealth commitee reviewing "copyright in the digital age". We face these issues every day.
  17. Thank you, I stand corrected as of Oct 27.
  18. Dunno mate. I'm not planning anything past this tassie trip as I'm assuming I'll come home in a zipped up bag... :LOL: