by clicking the arrows at the side of the page, or by using the toolbar.
by clicking anywhere on the page.
by dragging the page around when zoomed in.
by clicking anywhere on the page when zoomed in.
web sites or send emails by clicking on hyperlinks.
Email this page to a friend
Search this issue
Index - jump to page or section
Archive - view past issues
REIQ Journal : November 2008
LEGAL ISSUES 21 More importantly, such conduct is also potentially contrary to the Trade Practices Act, and the Fair Trading Act, as it may constitute conduct which is misleading and deceptive, or likely to mislead and deceive. In this regard, agents should remember that: Misleading and deceptive conduct is a broad concept, which includes words, actions and pictures; It is irrelevant whether one had an intention to mislead; and What is relevant is the overall impression created by the conduct and its actual or likely effect on the target audience. The legalities of publication of photographs A photograph is an artistic work for which the author of the photograph (that is the photographer) holds the copyright, the moral right to be identified as the author, and the power to authorise or refuse the publication of the photograph. Therefore, if a real estate agent wishes to use a photograph that he or she has not taken, then he or she must obtain the approval of the photographer. Any publication of the photograph without the approval of the photographer will constitute a contravention of the Copyright Act. Conclusion In conclusion, agents should be guided by the following principles: There is no constitutional or statutory right to privacy; however, in Australian law, it is slowly being recognised that there is a tort of invasion of privacy. The sole reported case which considered and awarded damages for the tort of invasion of privacy involved numerous acts of stalking. The unauthorised photographing and the publication of a photograph of someone’s home may be considered to be an act of invasion of privacy, which may expose an agent to a claim for damages. Any photographs taken of a home should be taken with the home owner’s express approval and should, as a matter of practicality, have the key identifiers of the home and of any neighbouring homes removed from the photograph prior to any publication of the photographs. Agents should not take and publish photographs of homes without the home owner’s approval, or in order to illustrate the “type” of homes which might be available for purchase in a particular area. To do so may constitute misleading and deceptive conduct or a breach of the Code of Conduct. Think before you snap! Brett Heath, Special Counsel Carter Newell Lawyers REIQ Journal November 2008
December January 2009