Street Photography Guidelines

Summer weather brings people out onto the streets, parks, sports fields, beaches and other public places. Given the proliferation of digital cameras and camera phones, it’s inevitable that lots of pictures will be taken. But few photographers understand what they can and cannot photograph and how they are entitled to use their pictures. In this feature we will provide some easily-understood guidelines.

What You Can Photograph
Australia has no Right to Privacy legislation that protects a person’s image as such, although the Commonwealth Privacy Act of 1988 provides some protection against the collection, use and disclosure of personal information. State laws can also provide some privacy protection. However, in the main, these laws apply to personal information; not photographs.

The Australian Privacy Foundation (www.privacy.org.au) focuses mainly on privacy-intrusive multi-purpose identification schemes devised by governments. The Australian Press Council’s Privacy Standards give only a brief mention to photography, stating: Members of the public caught up in newsworthy events should not be exploited. A victim or bereaved person has the right to refuse or terminate an interview or photographic session at any time.

In most places you can take photographs of people, buildings or public places without seeking permission. This includes photographs containing people you don’t know ““ as long as they have been taken in a public place and the photographs are for your own use. When in doubt, ask the subject’s permission before taking the picture ““ particularly if children are involved.

Be circumspect when photographing other people’s children.

Provided what you photograph can be seen from the street and the people you photograph are not involved in any ‘private activity’ that could be construed as potentially embarrassing, there is no prohibition against taking pictures of people on private land. But situations where someone would ‘reasonably expect to be afforded privacy’ are off-limits if the subject has not given permission.

Sensible photographers always consider the rights of the subject and avoid any action that could interfere with other peoples’ rights to enjoy themselves. Ask yourself whether you would object to being photographed in the situation and, if you wouldn’t like it, don’t take the picture.

You can also photograph performances in public spaces. However, flash should not be used as it can distract the performers.

The best approach is to remain as low-key as possible and avoid drawing attention to yourself. Steer clear of situations that could be interpreted as involving invasion of privacy or potential harassment. If somebody makes it obvious they don’t wish to be photographed, point your camera in a different direction.

Any photographs that will be used for any commercial purpose, such as advertising or placing with a picture agency, MUST be accompanied by a signed model release giving permission for you to sell the image. Image libraries generally require model releases for shots that contain recognisable people, even when they involve side or rear views. (A sample photographer’s model release form can be downloaded from the Arts Law Centre of Australia’s website at www.artslaw.com.au.)

In most cases you can photograph public and private buildings, models of buildings, sculptures and other works of artistic craftsmanship without infringing copyright. Where restrictions apply, these are outlined below.

Markets provide great opportunities for street photography.

What You Can’t Photograph
Most states outlaw any action that could be construed as peeping or prying upon another person. Stalking people is also outlawed and photography that could be construed as child pornography can result in criminal charges.

Federal Government legislation makes it illegal to photograph defence installations and military bases. Your camera may be confiscated and you risk arrest if you attempt to do so. Other Government property, such as ports, railway yards, electrical installations and similar establishments, is also off-limits.

Local governments often prevent the use of cameras and camera-phones in places like the changing rooms at swimming pools and sporting complexes (although attempts to prevent photography at beaches have, to date, been unsuccessful). Pictures taken in aboriginal sites, at the Sydney Olympic Park and in parts of the Sydney Harbour Foreshore (including DarlingHarbour, Circular Quay, the Rocks and LunaPark) may not be used for commercial purposes without permission from the relevant authorities. However, if the pictures will only be used for your own enjoyment and not published commercially, no special restrictions apply.

When it comes to taking pictures on private land, permission may be required, even if the shots will only be for your own personal use. In general, whenever you enter a sports ground, stadium or similar public space, shooting non-commercial pictures is permitted but permission is required if shots will be sold.

Museums, theatres and other similar venues normally forbid photography, mainly because the flash can distract performers or affect the longevity of artworks on display. There may also be some copyright issues associated with photographing works of art.

Long lenses allow you to take close-up shots without intruding on the subject’s privacy.
What You Can Publish
The term ‘publish’ covers a multitude of applications, ranging from reproducing in a magazine or newsletter to posting on a website or displaying in a gallery or on the wall of a building. Some general considerations affect all forms of image display. Although privacy rights can affect the types of photographs you can publish, the main issue photographers must consider is associated with copyright.

As far as privacy is concerned, situations that are covered by the ‘own use’ definition include photographs that will be displayed in exhibitions, published in magazines and online ‘blogs’ and entered in competitions ““ as long as no payment is made for use of the photographs. Note that some competition and exhibition organisers place restraints on the types of pictures they will accept and may require model releases for shots containing recognisable individuals.

Agricultural shows also present some great photo opportunities.
Copyright laws cover all ‘works of art’, including photographs. According to the Australian Copyright Council (www.copyright.org.au) copyright is defined as ‘a type of legal protection for people who express ideas and information in certain forms’. The most common forms are: writing, visual images (including photography), music and moving images.

Copyright protects the way an idea is expressed, not the idea itself. Copyright protection is free and automatic whenever a work is created. It exists in every photograph from the time the shot is captured ““ as long as the photograph is not a copy of another work.

The Australian Copyright Council publishes two information sheets (G0011 and G035) covering photographers’ copyright rights as well as a general guide, G11 Photographers and copyright. All are available as free downloads from the Council’s website. If you plan to exhibit or sell your photographs ““ or display them online ““ it’s worth reading these publications.