(Article originally posted 10th April 2007), so you saw yourself in an image on a web page? Some interesting links to the Arts Law Centre of Australia site concerning privacy, unauthorised photography on the Internet and legal aspects related to the management of a blog.
Apparently because Australian State and Federal law currently contain no mechanism guaranteeing otherwise, in this country the right not to be photographed whilst in public does not exist. That is not to say that defamation and damages may not be awarded against a photographer as a result of misrepresentation and commercial profiteering. I believe however the commercial aspect excludes a monetary transaction based on sale of the image itself as a legitimate art form.
Irrespective of this apparent freedom however, I would like to believe that as photographers, irrespective of the genre to which to which we subscribe, there is a responsibility upon us to ensure the human condition is always documented with the appropriate blend of sincerity, dignity and authenticity.
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