Rights to privacy (photos & films)

A person who for private and domestic purposes commissions the taking of a photograph or the making of a film has, where copyright exists in the resulting work, the right not to have:

  • copies of the work issued to the public;
  • the work exhibited or shown in public; or
  • the work communicated to the public.

A person who does or authorises the doing of any of those acts infringes that right.

The right is not infringed by an act that would not infringe copyright in the work because, for example, it involved merely an incidental inclusion of work in an artistic work, film or broadcast; or it was done for the purpose of parliamentary or judicial proceedings or for the purposes of the proceedings of a Royal Commission or statutory inquiry; or it was authorised by statute.

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