RE: [Leica] Documentary Photography 2003

[Tim Atherton <tim@KairosPhoto.com>]

Darn, it took off before the spell checker finished!...

briefly, the Quebec Charter has a right to privacy (it's note worded exactly
like that?) which is weighed against the right's of the press and the
freedom of expression found in the same Charter. The rest of Canada doesn't
have a right to privacy. This stems from the Napoleonic aspect of Quebec
law.

A case went to the Supreme Court of Canada about generic type street photos
of a person illustrating a magazine story about life in a (somewhat run
down?) Montreal suburb. The Supreme Court found the person photographed did
have a right to privacy in a public place which overrode the other two
rights mentioned above in this case. The Supreme Court set out guidelines
for press/media use of photographs where a person was identifiable, without
their explicit permission. These are fairly limited (i.e. - identifiable
person struggling with their umbrella to illustrate a story on April showers
isn't allowed - unless you have a release. Biker boss on trial leaving court
is. Street photography isn't dead i Quebec - you can still take the pictures
without permission - publishing them in any form without permission is
difficult. I believe the same (possibly stricter) is true in France. Emanuel
probably knows all of this better than I do.

I can dig out the case + info for anyone who is interested.

tim

> -----Original Message-----
> From: owner-leica-users@mejac.palo-alto.ca.us
> [mailto:owner-leica-users@mejac.palo-alto.ca.us]On Behalf Of frank
> theriault
> Sent: Tuesday, July 01, 2003 7:41 PM
> To: leica-users@mejac.palo-alto.ca.us
> Subject: Re: [Leica] Documentary Photography 2003
>
>
> I don't know much about Quebec's Civil Law system (the rest of North
> America is based on the English Common Law system), but I know that France
> has some very restrictive laws about the taking and use of images without
> permission of the subjects.  As Quebec's Civil Law is based on
> French Civil
> Law, your question makes a great deal of sense.
>
> -frank
>
> Vick Ko wrote:
>
> > Is this because it is Quebec?
> >
> > I've taken photos of my son at "Play and Swim" at the Y in Ottawa.
> >
> > I was using a Nikon RF with 50f1.1 (sorry, the Leica was at home).  The
> > bokeh was stunning.
> >
> > regards,
> > Vick
> >
> > Greg J. Lorenzo wrote:
> >
> > > Emanuel lives in Montreal Quebec which has some unique laws regarding
> > > photography not found elsewhere in North America.
> > >
> > > I suspect the local Y is sensitive to this and thereby restrict or
> > > prohibit photography inside their premises.
> > >
> > > Regards,
> > >
> > > Greg
> >
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> --
> "What a senseless waste of human life"
> -The Customer in Monty Python's Cheese Shop sketch
>
>
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