NSW Intellectual Property Law of Street Photographs?

Discussion in 'Intellectual Property Law Forum' started by SkyVeronica, 25 October 2018.

  1. SkyVeronica

    SkyVeronica Member

    18 September 2017
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    My sister is a photographer (with professional Nikon gears) and most people praise her that her photos are really beautiful whether it is landscape, wedding, people, venue etc. She tried doing a few wedding, family portrait photographs but it is really difficult to do business as there are so many competition in Sydney, so she kinda have to create something more special

    Then suddenly, we came up an idea but not sure if this is OK to do. I am a salesperson so I am quite good at convincing people. We were thinking that she would go to some location and take some photos of the people maybe in the beach, park...

    I mean something very natural photograph which could be a mother holding the baby and baby smiling or a couple walking along the shore with sunset behind the background or even someone just sitting on the chair reading newspaper, enjoying coffee in the cafe. The photos will be taken without them knowing as they will be taken very natural rather than the typical "ready, smile, say cheers!". Usually natural photos seems to be more beautiful

    Then we approach to them straight away after the moment and show them the photo that was just taken and praise how beautiful it is. Either they will love it or hate it. Then will intend to sell the photo to them via dropbox/email for JPG for like one or two small digit amount. But I think the chance will be higher since this is something very personal plus my sister takes beautiful photographs which i think is hard for people to reject.

    The question is whether this is legal? I mean we guess that there will be someone who will love it or someone who might be offended/annoyed but worse is that we will apologise or delete it on the spot. We just figure out that this has a huge potential market if it is something they fall in love instantly

    I am not sure if this is something that is considers illegal under Intellectual Property Law and would like to seek some law opinions before going ahead?
  2. Tim W

    Tim W Lawyer
    LawTap Verified

    28 April 2014
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    Have a read of this.
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