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How the New Privacy Tort Affects Creatives and Frankie Magazine
We were recently asked by Frankie magazine to contribute to their “Strictly Business” column in light of Australia’s new privacy tort, introduced under the Privacy and Other Legislation Amendment Act 2024.
The article explains what this significant legal change means for artists and creatives — particularly those who work with real people, personal imagery, and private content. It answers the kinds of questions we regularly get from clients and creatives, such as:
- Can I use someone’s face in a collage or artwork without their permission?
- What if I’m drawing someone on the street — is that now illegal?
- Can I turn screenshots or DMs into an artwork?
- What if I didn’t profit from the work — can I still get sued?
- What does “serious invasion of privacy” practically mean under the new law?
The piece also offers practical tips for minimising risk — without compromising too much on artistic expression — and looks at the role of artistic merit, context, and public interest in navigating the law.
Please note the above article is general in nature and does not constitute legal advice.
Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.