RE: [Leica] Asking permission, KISS & the decisive moment

["Tim Atherton" <tim@KairosPhoto.com>]

> I've heard that there's law like this in Quebec and in France. I just
> came from shooting the Canada Grand Prix, and I did lots of people shots
> with neither permission nor hassle, though I'll admit I wasn't so bold
> as I am on the streets of New York. I'm not particularly unruly, but in
> New York I know for a fact that my work is considered protected speech
> under the First Amendment. Elsewhere I display my friendly side a little
> more openly and no one seems to care.
>
> Gilbert


Hi Gilbert - the Quebec Constitution has a Right to Privacy in it (unlike
the rest of Canada), which means that in practice it is balanced against the
other rights of the Press and Expression.

There was one major case. A Street Photographer had taken pictures of an
neighbourhood in Quebec, which included pictures of a young woman (sitting
on some steps I think). These photographs were later used in a publication
illustrating a story about that neighbourhood. The woman objected and the
case eventually went to the Supreme Court of Canada.  They found in favour
of the woman (this being Canada, damages were minimal...) thought there were
a couple of strong dissenting opinions. The Supreme Court also set out
guidelines for use of images in publications. An obviously identifiable
person must give there permission if the image is published, unless (my
words here, I don't have the decision at hand anymore) the person is
guidelines associated with a news story - biker boss leaves courthouse,
politician announces resignation etc. Or a crowd/general scene where the
person is only a minor part of the picture. BUT, a photo of a girl
struggling with her umbrella in the wind to illustrate a generic story on
unseasonally high winds and rain (a newspaper staple!) could not be used
without her permission - getting the drift here?

SO - there is nothing to say you can't take the photographs. You just can't
publish them without the persons permission unless they are "newsworthy". I
think this would also include exhibiting them in an exhibition - so, as in
France, it could dampen "street photography (there was a news story from
France recently about a well known photographer who photographed in his
native France for many years - don't recall who right now - whose major
exhibition had to be cancelled because many of the shots were taken without
permission.

Now, most people probably don't even know or care. And even then, most would
bother to sue - and damages are unlikely to be high unless you totally
misrepresent the person. Sooo - maybe it's a cost of doing business!

tim


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