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Unframed Dave

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I found this quite informative and possibly handy to have as a readily available link.

I think grey areas would be the definition of public / private land.
 

I found this quite informative and possibly handy to have as a readily available link.

I think grey areas would be the definition of public / private land.
The law has nuances in every jurisdiction in Australia, for instance the Council that manages the next beach north of me has a by-law prohibiting photography of swimmers on the beach, but that law does not apply at my local beach. Also, on my local beach, it’s prohibited to take photos on the beach during a surf carnival. It is however quite ok to take photos from the park surrounding the beach of the surf carnival.

Frankly, if anyone asks, I’m happy to show them my photos preceded by a statement that I am showing them at my discretion.

Publishing images of people for profit/commerce needs a model consent agreement. That’s just good business anyway.
 
US law is virtually identical to that posted. Broken down to the simplest to remember: Public ok, private need permission, want to make $, need a release.
Ours too in the broadest sense, but there are indecency laws protecting people in public, if photographed in a compromised situation.
 
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The law has nuances in every jurisdiction in Australia, for instance the Council that manages the next beach north of me has a by-law prohibiting photography of swimmers on the beach, but that law does not apply at my local beach. Also, on my local beach, it’s prohibited to take photos on the beach during a surf carnival. It is however quite ok to take photos from the park surrounding the beach of the surf carnival.

Frankly, if anyone asks, I’m happy to show them my photos preceded by a statement that I am showing them at my discretion.

Publishing images of people for profit/commerce needs a model consent agreement. That’s just good business anyway.
Gaz would some of what is happening your way down to the fact that they might have paid someone to take photo's of the even.
And on the other hand the just local swimmers I can understant they just want to go swimming and not being perved on.
So I am one that agree's with the laws that you shouldn't be taking photo of strangers but if it's your own family then they can talk a walk.
Which I would tell them that as well.
My son in a cop and he said if you can see into lets say someones property there is nothing the owner can do about it. But if
you have to take a ladder or something to stand on to get the shots then you are breaking the law. This is in South Australia where he is.
But I am not overly sure if this law is the same in Victoria.
It really is a can of worms to open up this one is as we might all have different points of views but I do feel people should be allowed
to go for a swim without the worry of someone taking their phone innocently done or not.
 
The law has nuances in every jurisdiction in Australia, for instance the Council that manages the next beach north of me has a by-law prohibiting photography of swimmers on the beach, but that law does not apply at my local beach. Also, on my local beach, it’s prohibited to take photos on the beach during a surf carnival. It is however quite ok to take photos from the park surrounding the beach of the surf carnival.

Frankly, if anyone asks, I’m happy to show them my photos preceded by a statement that I am showing them at my discretion.

Publishing images of people for profit/commerce needs a model consent agreement. That’s just good business anyway.
Gaz, what is the premise of restricting you from taking pictures of the beach during surf carnival? That just seems insane. Presumably its a public beach?
 
Gaz would some of what is happening your way down to the fact that they might have paid someone to take photo's of the even.
And on the other hand the just local swimmers I can understant they just want to go swimming and not being perved on.
So I am one that agree's with the laws that you shouldn't be taking photo of strangers but if it's your own family then they can talk a walk.
Which I would tell them that as well.
My son in a cop and he said if you can see into lets say someones property there is nothing the owner can do about it. But if
you have to take a ladder or something to stand on to get the shots then you are breaking the law. This is in South Australia where he is.
But I am not overly sure if this law is the same in Victoria.
It really is a can of worms to open up this one is as we might all have different points of views but I do feel people should be allowed
to go for a swim without the worry of someone taking their phone innocently done or not.
Sorry Ralph, I have to disagree. If you go swimming or walking or sitting, or standing on a public beach, I can't see what the problem is if someone takes your photograph. If you're modest, don't go swimming on a public beach. It's kinda implicit in the name, its PUBLIC. Next thing some people will be complaining because you looked at them for too long or you looked at them at all. If it's a private beach, that's a different matter.
 
Gaz, what is the premise of restricting you from taking pictures of the beach during surf carnival? That just seems insane. Presumably it’s a public beach?
The logic is that there are a thousand children of all ages running around down there in swimwear and parents don’t want people publishing photos of their children. There is also official surf club photography taking place for distribution to members so parents are discouraged from taking their own.

During a surf carnival I’ve set up my camera kit on the hill and photographed adult events from the park, which is ok, though people are attracted to the large lens. Fact is, there are a few thousand phone camera doing the same thing that attract no attention at all.

As I said, if approached I just show my images which puts them at ease.

GJF09999.jpeg
  • ILCE-7M4
  • FE 200-600mm F5.6-6.3 G OSS
  • 594.0 mm
  • ƒ/6.3000001907367
  • 1/2000 sec
  • ISO 400
 
If you mean a compromised situation such as public indecency, sex, etc., ok. But if a girl decides to wear a bikini the same size as a piece of dental floss in public, no restrictions. Her choice.

Yep. I live in the zone between actionwear and swimwear. It’s street photography at its most daring. Male and female subjects are fair game in the context, but morality is a social construct. You might not see that in Ohio.
 
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I found this quite informative and possibly handy to have as a readily available link.

I think grey areas would be the definition of public / private land.
The beach is not considered “public land” when it is secured for a surf carnival…. At least that much of the beach that they fence off periodically. That’s how the distinction can get blurred.
 
Gaz would some of what is happening your way down to the fact that they might have paid someone to take photo's of the even.
And on the other hand the just local swimmers I can understant they just want to go swimming and not being perved on.
So I am one that agree's with the laws that you shouldn't be taking photo of strangers but if it's your own family then they can talk a walk.
Which I would tell them that as well.
My son in a cop and he said if you can see into lets say someones property there is nothing the owner can do about it. But if
you have to take a ladder or something to stand on to get the shots then you are breaking the law. This is in South Australia where he is.
But I am not overly sure if this law is the same in Victoria.
It really is a can of worms to open up this one is as we might all have different points of views but I do feel people should be allowed
to go for a swim without the worry of someone taking their phone innocently done or not.
I often photograph people on the beach. I mean, if I set up my camera to watch the sunrise and people walk in front of me and stand there in my way, I’m going to take their photo for sure. They’re collateral damage so to speak.

Other times I take photos of people on the beach doing interesting things, like the ice bucket challenge etc. That’s street photography and perfectly legal. No ladder, but I often see people using drones.
 
The logic is that there are a thousand children of all ages running around down there in swimwear and parents don’t want people publishing photos of their children. There is also official surf club photography taking place for distribution to members so parents are discouraged from taking their own.

During a surf carnival I’ve set up my camera kit on the hill and photographed adult events from the park, which is ok, though people are attracted to the large lens. Fact is, there are a few thousand phone camera doing the same thing that attract no attention at all.

As I said, if approached I just show my images which puts them at ease.

View attachment 43004
Gaz, I still don't get it, presumably children are on the beach at other times, but that's OK to take photographs of the kids on the beach then, only during the surf carnival you can't take pictures? That sounds to me like there is some kind of commercial thing going, they only want the offical photopgraphers to take photographs because they can make money from selling photographers licenses? That would make more sense to me, but that is still wrong because its a public beach. If the organisers of the surf carnival paid the local council to use the beach for the surf carnival, and the proceeds went into the public purse, I could understand and accept that. But what if I set up over the road to the beach in my private home and stand on the roof with my super zoom lens and then take photopgraphs of the surf carnival? Will the thought police come and take me away?
 
Sorry Ralph, I have to disagree. If you go swimming or walking or sitting, or standing on a public beach, I can't see what the problem is if someone takes your photograph. If you're modest, don't go swimming on a public beach. It's kinda implicit in the name, it’s PUBLIC. Next thing some people will be complaining because you looked at them for too long or you looked at them at all. If it's a private beach, that's a different matter.
Here, it’s classified as a private beach during surf carnivals… so much as is fenced off. The Council owns it, so they can set their own by-laws, for instance at Lady Jane on the Harbour, nudity is permitted but photography is restricted.

So, people develop expectations that you can’t take their photo, but as you imply, there’s a context to consider.
 
The beach is not considered “public land” when it is secured for a surf carnival…. At least that much of the beach that they fence off periodically. That’s how the distinction can get blurred.
Gaz, securing the beach so the public don't interfer with the sport is one thing, but to say I can't photograph what is going on, on a public beach just seems wrong to me. As I said earlier, if the access to the 'public beach' has been temporarily sold for the public good, that again is a different matter.
 
Gaz, I still don't get it, presumably children are on the beach at other times, but that's OK to take photographs of the kids on the beach then, only during the surf carnival you can't take pictures? That sounds to me like there is some kind of commercial thing going, they only want the offical photopgraphers to take photographs because they can make money from selling photographers licenses? That would make more sense to me, but that is still wrong because it’s a public beach. If the organisers of the surf carnival paid the local council to use the beach for the surf carnival, and the proceeds went into the public purse, I could understand and accept that. But what if I set up over the road to the beach in my private home and stand on the roof with my super zoom lens and then take photopgraphs of the surf carnival? Will the thought police come and take me away?
Gaz, I still don't get it, presumably children are on the beach at other times, but that's OK to take photographs of the kids on the beach then, only during the surf carnival you can't take pictures? That sounds to me like there is some kind of commercial thing going, they only want the offical photopgraphers to take photographs because they can make money from selling photographers licenses? That would make more sense to me, but that is still wrong because its a public beach. If the organisers of the surf carnival paid the local council to use the beach for the surf carnival, and the proceeds went into the public purse, I could understand and accept that. But what if I set up over the road to the beach in my private home and stand on the roof with my super zoom lens and then take photopgraphs of the surf carnival? Will the thought police come and take me away?

The surf club events restrict access to areas of the beach. At this time, the beach is considered a private place. You can photograph as much as it as you choose but only from a public vantage point, unless you obtain consent from the club. This is NSW Surflifesaving policy to protect the interest of their members, and placates the concerns of member parents. All members sign a waiver so that the club photographers can obtain images of members within the contained lands. I doubt they sell images, as I never did when I was a club Secretary (different beach). The images are displayed in the clubhouse and some are published in social media and other publications for members to enjoy. During a carnival members aren’t able to take their own images without the Club’s consent. It may seem like commercial decision but I am pretty sure it’s just a policy protecting the interests of members. Oh, and Surf lifesaving is in the public interest.
 

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