Re: [Leica] Re: important court ruling [LONG]

[Dan Cardish <dcardish@microtec.net>]

At 08:18 PM 11-04-98 -0500, Eric replied to:
>>publish my photograph without my permission?  I should be able to relax in
>>the park eating an ice-cream cone, and not have to worry about seeing my
>>picture in the paper the next day.  
>>
>>I DO see this as a good thing.   
>
>This is not a good thing. Why? Because Henri Cariter-Bresson would be in
>prison, and all those great pictures wouldn't exist.

Maybe not in prison, but perhaps broke.  The fact that a photographer might
be capable of taking a wonderfull work of Art photographing me eating an
icecream cone in the park changes nothing.  He simply doesn't have the
right without my cooperation, unless I happen to be an incidental part of
the picture (read the ruling).  There is simply nothing in Quebec's Charter
of Rights which puts the rights of Artists or Photographers above those of
the citizens.

>
>If you want privacy, stay home. That's where the law guarantees it.

Perhaps in your country, not in Quebec.

>
>What's gives us the right? The fact that you know when you step out the
>door that we're out there documenting the world. As a photographer, I often
>take a person's picture without their permission because their awareness of
>being photographed often destroys the mood. It's not always possible, but
>often really pays off. Most people are flattered to be considered worthy of
>being photographed. 

Maybe it ruins your mood, but that doesn't alter anything.  It may pay off
for YOU, but what does that have to do with anything?  Robbing banks pays
off for the robber, but that doesn't make it right.

>
>But if they object, after I've taken it and finally ask permission, I don't
>use the photo. We pretty much require getting names for photos, and if the
>person really objects to be in the paper, they just have to not give us
>their name. 

No problem here

>
>Unless it's a newsworthy event, or they are newsworthy for what they are
>doing or who they are, that pretty much kills it. But to require permission
>before taking the picture will never fly. Thank goodness. We have to act in
>the bounds of legality. We can't harass a subject already. New laws will
>change nothing.

Its not a new law in Quebec.  It is part of the province's Constitution.

Dan C.