australia privacy right-of-publicity photography
How do laws affect photography of non-humans in public when people may be in the frame?
<p>Given that this is taking place in a public area where one would not have an expectation of privacy, what legal restrictions exist on photography of people where they are <strong>not</strong> the subject of the photograph? </p>

<p>For instance, say that I am taking a photograph of a popular statue, and people happen to be in the frame? Assume this is in Australia; New south Wales, specifically, but I am interested in answers for other states also. </p>

<p>Let's put to bed the myth of privacy that is at the heart of your question: in <a href="http://www.austlii.edu.au/au/cases/nsw/supreme_ct/2001/204.html">R v Sotheren (2001) NSWSC 204</a> Justice Dowd said <strong>“A person, in our society, does not have a right not to be photographed.”</strong></p>

<p>In general, you <strong>can</strong> take photos of people; statues have even <em>less</em> privacy rights.</p>

<p>There are limitations mainly related to voyeurism and commercial use, which are discussed at <a href="http://www.4020.net">http://www.4020.net</a>.</p>
