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Veteran
      
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"old dog"
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| Thanks Tom -- this is indeed useful. The rules are a lot more flexble than I thought. Might be a good idea to print the page and carry it with you on shoots (of course that would also give an overzealous security guard an object to 'cram' somewhere if you made them mad ... y'all be careful out there.)
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Member
      
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| That's very helpfull info. I never thought the law is so favourable to us. I think the law is for US only. But still there must be some common factors like malls and parks etc are applicable to all places. rt? Is this law applicable to videography also? Once I turned my handy cam towards a dog (an amazing one) in a public beach, the owner stopped me by waving his hands. I was afraid that he could ask the dog to catch me. He was so angry.
Jerlin
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Junior Member
      
Group: PB Employees
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Here are some excerpts taken from the Australian Copyright Council for photographers:
Do I need permission to photograph a building?
Generally, no. Although a building is protected by copyright, a special exception in the Copyright Act allows
buildings to be photographed without permission. Be aware though, that the owner of a property may impose
restrictions regarding entry onto the property. It may sometimes be the case, as with photographs of people, that
certain unauthorised uses of a photograph of a particular building may raise issues under other laws, such as trade
practices legislation.
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, it’s a good idea to get a “model release” from that person
so you won’t have to worry later about whether or not your use of resulting photos will raise issues under areas of
law such as passing off or the Trade Practices Act. (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.
--------------------------------------------
I've also read somewhere that photos taken of the Eiffel Tower during the day are copyright free, but for photo's taken at night, the copyright is owned by the company who installed and maintain the lights. Weird
...........................................................
Mitch Raymont
Visualisation Operator
PB
Brisbane QLD
AUSTRALIA
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Guru
      
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Marc Steuben (3/24/2008)
Might be a good idea to print the page and carry it with you on shoots... I could have used a copy of this just the other day! Knowing the law is obviously useful, but it will be your attitude that allows you to continue shooting. Give people a reason to trust you, not to send you away because you come across as entitled by law...
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"old dog"
Group: Administrators
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| Some other suggestions: 1) Business cards and name dropping also helps. Just be sure you use the right name. Osama Bin Ladin will not get you the access you need... 2) I've actually had letters given to me in Boston in order to photograph several of the stations. Even those were received skeptically by security. 3) Calling ahead to the facility manager and requesting a photo shoot with an explanation goes a long ways. I've gotten into some really cool rooftops using that method. 4) Carry a set of printed plans if necessary to proove the project. Most facility managers won' know of proposed projects in the area.
Glen Loyd
Lead Design Visualization Specialist | Parsons Brinckerhoff www.pbprojectviz.com
 


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