In Queensland, and across Australia, the person who takes a photo usually owns the copyright, not the person in the photo. This means the photographer has the right to copy, share, or use the photo however they like. But there are some exceptions, like when the photo is taken as part of a job or commissioned for personal reasons.

Key Things to Know About Photo Copyright

Who Owns It: The photographer owns the copyright unless their job contract or a special agreement says otherwise.

Control: The copyright owner decides how the photo is used, including copying, publishing, or showing it to others.

The Law: Copyright in Australia is covered by the Copyright Act 1968.

Automatic Protection: Copyright happens automatically when the photo is taken. You don’t need to register it or do anything else.

Exceptions: If a photo is taken while working for someone, the employer might own the copyright. For personal or family photos (like wedding pictures), the person who paid for the photo usually owns it.

Commercial Use: If you use a photo for business purposes (like ads) without permission, it’s copyright infringement.

How Long It Lasts: Copyright stays with the photographer for their lifetime plus 70 years.

Breaking the Rules: Using a photo without permission can lead to legal trouble, including fines or other penalties.

Other Things to Keep in Mind:

Personal Photos: For photos taken after July 30, 1998, the person who paid for personal or family photos (like wedding pictures) owns the copyright.

Work Photos: If you take photos as part of your job, your employer usually owns them, unless you work for a newspaper or magazine.

Misuse: Using a photo in a misleading way for business can also break copyright laws and Australian Consumer Law.