NSW Audio/Video Laws for Non Profits

Discussion in 'Other/General Law Forum' started by Sno Dunda, 28 May 2019.

  1. Sno Dunda

    Sno Dunda Member

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    I am seeking laws or similar regarding responsibilities/requirements to be adhered to in regard to filming or photographing activities and presentations within a Men's Shed environment.

    Thanks in advance.
     
  2. Rod

    Rod Lawyer
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    Is there a problem obtaining consent from the organisation and people you are filming?
     
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  3. Sno Dunda

    Sno Dunda Member

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    Hi Rod,
    Thanks for your response, apologies for my late reply. Consent is generally achievable, but there have been issues after an event. I personally would think that if you remain in a room where multiple video cameras are present and visible, then by remaining you approve by doing so. The main objective is to ascertain what laws cover this and what warnings people must be given etc, so facts can be established and personal beliefs, thoughts and ideas can be cast aside.
    Thanks
    Jeff

    Is there a problem obtaining consent from the organisation and people you are filming?[/QUOTE]
     
  4. Tim W

    Tim W Lawyer
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    Out in the street, there is no general right not to be be photographed.

    Inside enclosed land (which includes but is not limited to indoors)
    any landholder ("person in charge") can (subject to law) decide what happens.
    So, for example, a landholder/ occupant/ tenant/owner/ lessee etc is quite within their rights to say "no filming" or similar.
    Likewise, they are entitled to say stuff like "No filming anyone who does not expressly agree to it".

    You won't find any of that in a statute.
    It derives from an occupant's common law right to control (subject to law)
    what happens on their land.
     
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  5. Tim W

    Tim W Lawyer
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    No. Consent must be express.
    You only get to infer it by conduct when the conduct is a condition of access.
    Such as "By entering this shopping centre, you consent to being filmed by security cameras".

    Oh, one other thing... you can commit surveillance devices offences just by recording sound (alone) using cameras.
     
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  6. Sno Dunda

    Sno Dunda Member

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    Ok thanks for that. Our position is the opposite actually, wishing to record technical presentations for future reference, in house only.. Pity there's no real reference document to clarify the laws. Might have to suffice with a disclaimer warning of such things when members and guests sign in to our facility, just a warning and a request to advise appropriate management committee persons if there are any issues to be addressed.
     
  7. Scruff

    Scruff Well-Known Member

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    The relevant law is the Surveillence Devices Act. For video you should be fine, however as pointed out, audio can be tricky. The basics for NSW are that you can not record any private conversation without the consent of at least one principle party to the conversation. In your circumstances however, the definition of "private conversation" is very important:

    There are two things to note:
    1. consent may be express or implied, and
    2. if it is reasonable to expect that the conversation would be overheard, then is not a private conversation for the purpose of the Act.

    In an auditorium or similar type of environment, it would be difficult to argue that a normal conversation wouldn't be overheard - but there's never any guarantees when it comes to the law.

    As long as you don't put your microphones in a position where they are likely to pick up conversations that are clearly intended to be private, you should be fine. If the microphones are in the open and they happen to pick up "ambient" conversation, then there is a reasonabe expectation that the conversations would be overheard.

    If you are recording presentations and the microphones are out in the room, then using directional microphones and positioning them as high as possible will help cut down on the ambient noise.

    So as @Tim W pointed out, a clearly visible sign on entry should suffice and keep you covered. I'll leave it to the experts to suggest what wording you should use.
     
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    #7 Scruff, 11 June 2019
    Last edited: 11 June 2019
  8. Rob Legat - SBPL

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    Per what Tim said, I’d suggest making it expressly and prominently stated in the advertising and at the venue that the event will be recorded, that the recording will be used for X purposes (e.g. promotional, training...), and that entry and participation in the event is conditional on the attendee agreeing to the recording and the use. Keep copies of all the promotional material, and have a shot of the at venue signage in your setup.
     
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  9. Tim W

    Tim W Lawyer
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    Ah, well, in that case, you are also in the realm of copyright.
    Copyright, that is, in the live performance of the presenter,
    and in particular in the performance of the improvised (or partially improvised) literary work
    that is the words that presenter speaks.
    It's the same bit of law that gives you "No mobile phones in the concert hall".
    You'll certainly need the presenter's express permission to film them in that context.
     
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