Can I sell a photo taken in public?

In Australia, you can generally take and sell photos taken in public spaces. There is no general right to control your own image. But "taken in public" is not the same as "public space", and "sell" covers several different things, each with different rules.

The general rule

If you are standing on public land and photographing what is visible from there, you can usually take, keep, and sell the photo. This includes streets, footpaths, public beaches, public parks, and the views from them. The High Court's Victoria Park Racing decision sets the long-standing position that what is visible in public can generally be photographed.

Where it stops being a public space

• Inside a shopping centre, train station, or stadium: private rules apply.
• Inside a museum, gallery, or government building: their rules apply.
• National parks: state and federal park regulations apply, and commercial photography often needs a permit.
• Beaches and reserves run by local councils: bylaws can apply.

Editorial vs commercial sale

Selling a photo for editorial use (a news article, a documentary, a non-promotional blog post) is generally fine even when people are identifiable. Selling the same photo for commercial use (an ad, packaging, branded social media) usually requires a model release for any identifiable person and a property release for any identifiable private property.

Special-care subjects

• Police and emergency services at work: you can photograph them from public space; do not obstruct the work.
• Children: technically legal but expect questions. Always assume parents want to know. Do not upload identifiable photos of minors for sale.
• Aboriginal cultural sites: state heritage laws and cultural protocols apply. Some sites you should not photograph at all.
• Private events at public venues: a private event hires the space and can set its own rules.
• Defence sites: prohibited under federal law.

Photographing buildings and art

Sections 65 and 68 of the Copyright Act 1968 (Cth) let you photograph buildings, sculptures, and works of craftsmanship that are permanently in a public place without infringing copyright. So you can sell a photo of the Perth skyline or a public sculpture. Two-dimensional artwork (a mural, a poster) is not covered by the same exception.

If a subject objects

There is no right to demand you delete a legally taken photo. There is a right to ask, and a soft-power calculation about whether you want a fight. For high-emotion subjects (funerals, protests, accidents) the legal answer and the right answer can diverge. Use judgment.

Practical pre-sale checks

• Where was I standing when I took it (public or private)?
• Who is identifiable in the photo (and is the intended use commercial)?
• Does the photo show anything that needs a property release (a branded building, a private home)?
• If a permit was required for the location, do I have one?