For most people, photography is a form of relaxation or a way to expand creative energy. But very few consider the legal aspects of photography, which is why it can be disappointing and even frightening when something goes wrong. Regardless of whether you are taking photographs as a beginner or following the strides of a professional shutterbug, legal issues are never more than one mistake away. It just takes only one minor lapse in understanding the situation for the worries of law to drain the enjoyment out of photography.
Try not to hold up until it’s too late. Get a head start on the legal issues so that you never need to stress over managing the confusions.
Apart from food photography and landscape photography, street photography is trending these days. Street photography if done right is simply mesmerising. But many people do not like having their pictures taken without permission. You may be approached by the police while taking photographs on the street. The police may respond to complaints of those who are concerned about children being photographed. When taking photos on the streets, be prepared for such situations by acknowledging the concerns of the people and adopting suitable strategies. It is illegal to take photographs of people when they have a reasonable expectation of privacy.
If you want to take shots of people for commercial purpose, you should obtain a model release form signed by the person being photographed to ensure that no legal issues arise in future and you can use the image to sell a product.
You have an awesome idea for a series of photos and want to shoot in locations such as shopping malls, sports arena, stores or on a private property. Before you go ahead with your plan, there are few things to consider. When taking photographs in a public place, you need to take permission and if the shot includes someone else’s creative work then you must get a property release from the property owner. Property lawyers in Melbourne will help you out in the process of obtaining the property release from the owner. A property release is also important if you want to take photographs in a privately owned location. Not having permission to shoot on private property is trespassing. The owner may take legal action against you or instruct you to delete the photos and leave. In order to access privately owned space, you need to take permission from the owner, and he/she has the right to impose restrictions on what can be photographed and not. This type of restriction is also common in museums, art galleries and sporting grounds. Entering onto private property without permission is a crime of trespass and you may be sued in a court of law.
There is no restriction on taking photographs from a public place onto private property. People being photographed on their property from a public location cannot complain against you if what is captured can be seen from the street.
Voyeurism and offences related to filming a person engaged in a private act, when he/she has not given the consent to being photographed or filmed, is an offence and the person may take legal action against the photographer.
These photography laws may sound odd but they are meant to protect you. They may prove inconvenient from time to time, but ultimately it’s for the benefit of all involved.