SA Can A Permitted Photo of A Stranger Be Displayed Publicly?

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arthur brogard

Active Member
13 August 2019
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If I take a photograph of a stranger on the street with their permission am I then free to do as I wish with that photo? i.e. post it on facebook maybe? Put it in a book of my photos?
 

Atticus

Well-Known Member
6 February 2019
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My thoughts ... Don't believe permission to take a photo of a person extends to a right to do whatever you want with that image without explicit permission to do so
 

arthur brogard

Active Member
13 August 2019
9
0
31
I should have put this in, too - what if the person in question was a minor? i.e., I'd think, legally not competent to give permission?

Is there no clear general rule for street photography?
 

arthur brogard

Active Member
13 August 2019
9
0
31
It is done. All the time. Isn't it? With and without permission. Street scenes without permission. 'Smaller' scenes - playgroup, playground, beach scene maybe with permission. And some published.

gotocourt advise there are no laws against in Australia. That's what I was looking for.

thank you for your interest.
 

Atticus

Well-Known Member
6 February 2019
1,245
197
2,394
I expect you are on here asking about potential problems because you suspect there may be... I would go with that instinct..,

1) Context .... Also important .... Taking a pic of your mate with a stranger in the background that you post to FB or put in a book, probably not a problem... Taking a pic of a stranger that they later discover is being shared around social media, potentially a problem, particularly in context of how that image is being used....

2) The greater the exposure, the greater the risk of those images being seen by someone who may take issue with it being used without their knowledge or consent

3) You don't necessarily have to do something illegal to get sued