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Copyright and photography
The law relating to the copyright of commercial photography was changed in the Australian Federal Parliament in July 1998. Since that date, in the absence of any written agreement, the copyright of photographs belongs to the photographer. Portrait and wedding photography are exceptions. In portrait photography copyright belongs to the client however nearly all professional photographers require written agreement to transfer copyright to the photographer. Other conditions apply to domestic and private photography.
In a domestic situation, if you believe you are photographing a scene or person which you believe has commercial potential, it would be very wise to contact the owner of the 'property' or the person being photographed to draw up an agreement that specifies:
USAGE: how many eg 5000 calendars
MEDIUM: TV, magazines eg West Colour Supplement
TERRITORY: i.e. the Rights, World,
DURATION: length of time eg one year
BUYOUT: the $value for which you give up all rights
FEE: the $value for usage outlined above.