tag:blogger.com,1999:blog-6273930.post5507928500140309519..comments2024-03-08T07:29:54.585-04:00Comments on Canadian Privacy Law Blog: Some thoughts on street photographyprivacylawyerhttp://www.blogger.com/profile/03943567746055311435noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-6273930.post-61993938483828364362015-01-27T11:32:16.360-04:002015-01-27T11:32:16.360-04:00Has there been any update on this question(Jan 27 ...Has there been any update on this question(Jan 27 2015) ?<br />I live near Toronto and have done a version of 'street photography' http://frankgross.com/portfolio/portfolios/untold-stories/<br />and the people in the images are for the most part recognisable.<br />I do not approach them for model releases for a variety of reasons.<br />The images are never sold as stock photography or for other 'commercial' purposes where the image is used for commercial gain.<br />I have always taken the approach that if someone saw it online and objected, I'd remove it as the ethical thing to do.<br /><br />However I was asked to show the images at a city wide 'art festival' in Montreal where they'd be printed large and displayed publicly.<br />The curator is concerned about being sued if someone recognises themselves.<br />The same question would apply if I exhibited the images in a commercial photography gallery there or here in TO, or even a 'coffee shop', or sold prints from my website. Or if I wanted to publish a book.<br />My thinking has been that millions of images are taken in this way (a myriad of other photographers), and the images are often sold in galleries, published in books, used for editorial, without releases from the subjects.<br /><br />I came across the referred to ambient light pdf which pertains to Ontario but I'm not convinced it's legally watertight, or even who the author is<br />Does anyone have experience &/or knowledge to share. Or a link ?<br /><br />Thanks,<br />Frank (please email me - link on above website link)Frankhttps://www.blogger.com/profile/05712581600419420822noreply@blogger.comtag:blogger.com,1999:blog-6273930.post-11010896848953339422013-10-17T16:41:52.628-03:002013-10-17T16:41:52.628-03:00Anonymous asked about photographing Police in (Ca...Anonymous asked about photographing Police in (Canada) Alberta. From what I've read you can film police doing thier job in public. As you should be able. You could not photograph in private businesses or homes without the owner's permission- technically you could still do that until you were asked to leave at which point you'd be contravening trespass law. You'd also be unable to photograph, say , undercover officers which could potentially endanger them if published. (Or perhaps otehr circumstances I can't imagine at the moment where the security of a person(s) or building could be jeopardized. (You could be a tourist taking a picture of the CN tower or- you might be someone plotting somethign and taking pictures of entrances and accessways... soem interpretation and common sense comes into play.) Even showing non-uniformed officers getting into unmarked cars could get dicey. Note that they do not have the right to sieze your camera or your film or memory card without a warrant. It is your property. Derek Madgehttps://www.blogger.com/profile/02728917692663735491noreply@blogger.comtag:blogger.com,1999:blog-6273930.post-33844899891421046102013-10-17T16:32:48.061-03:002013-10-17T16:32:48.061-03:00I have been frustrated by the lack of clear law in...I have been frustrated by the lack of clear law in Canada on the subject of what can be photographed and particularly what can be published. I have found this link (see below) to be helpful though and it has been referred to by other photographer related websites. Note that the author is not a lawyer and given the ambiguous nature of Canadian law on this topic, I'm not surprised there are not many lawyers sticking their necks out on this! Here is the link http://ambientlight.ca/laws/overview/what-can-i-publish/<br /><br />There are similar links on that site dealing with similar topics.Derek Madgehttps://www.blogger.com/profile/02728917692663735491noreply@blogger.comtag:blogger.com,1999:blog-6273930.post-85045159231475719342013-10-17T16:32:16.706-03:002013-10-17T16:32:16.706-03:00I have been frustrated by the lack of clear law in...I have been frustrated by the lack of clear law in Canada on the subject of what can be photographed and particularly what can be published. I have found this link (see below) to be helpful though and it has been referred to by other photographer related websites. Note that the author is not a lawyer and given the ambiguous nature of Canadian law on this topic, I'm not surprised there are not many lawyers sticking their necks out on this! Here is the link http://ambientlight.ca/laws/overview/what-can-i-publish/<br /><br />There are similar links on that site dealing with similar topics.<br /><br />Derek Madge, Waterloo, OntarioDerek Madgehttps://www.blogger.com/profile/02728917692663735491noreply@blogger.comtag:blogger.com,1999:blog-6273930.post-91260352765873896502013-07-16T23:41:39.172-03:002013-07-16T23:41:39.172-03:00Noticing the dates on this blog, I a curious what ...Noticing the dates on this blog, I a curious what the current laws are. I have done some fine art street photography - mostly of dogs - but a few have faces of people. Can I post these on my website without a model release?Anonymoushttps://www.blogger.com/profile/15467692362164638009noreply@blogger.comtag:blogger.com,1999:blog-6273930.post-37224331076033157382013-06-14T05:23:14.686-03:002013-06-14T05:23:14.686-03:00what about filming the police while on duty in pub...what about filming the police while on duty in public in AlbertaAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6273930.post-55239301673721919702012-10-07T14:36:24.835-03:002012-10-07T14:36:24.835-03:00PIPEDA concerns the collection of information and ...PIPEDA concerns the collection of information and does exempt editorial and artistic use. I am not even sure the act applies to street photography. It has long been settled law that there is no restriction on taking pictures in or from a public place. <br /><br />The problem is whether or not publication and display are allowed without consent. In Québec, the question was settled by the Supreme Court of Canada in Aubrey v. Vice-Versa. Unless a person is a principal in a newsworthy event or incidental to such an event, a picture of a person taken in a public place cannot be published or publically displayed without the person's consent.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6273930.post-83200327308017210382012-01-09T14:08:37.497-04:002012-01-09T14:08:37.497-04:00This comment has been removed by the author.Roger Flanaganhttps://www.blogger.com/profile/06811261371810147513noreply@blogger.comtag:blogger.com,1999:blog-6273930.post-33179414215451462122010-04-21T13:48:02.855-03:002010-04-21T13:48:02.855-03:00Thanks so much for this post. It got me curious ab...Thanks so much for this post. It got me curious about art and privacy, and I contacted Simon Høgsberg, the photographer of the piece to ask him some questions about the subject. You can find his response on my blog, <a href="http://designkultur.wordpress.com/2010/04/17/photography-simon-h%C3%B8gsberg-%C2%ABwere-all-gonna-die-100-meters-of-existence%C2%BB-%C2%ABthe-thought-project%C2%BB/" rel="nofollow">designKULTUR</a>. Best, MichaeldesignKULTURhttp://designkultur.wordpress.com/noreply@blogger.comtag:blogger.com,1999:blog-6273930.post-11429250157967793902010-04-12T06:59:07.332-03:002010-04-12T06:59:07.332-03:00Though there's no caselaw out there, I would s...Though there's no caselaw out there, I would suggest that a creative film would fit within the artistic exception. That doesn't mean that there are no privacy rules, since you'd have to worry about the tort of invasion of privacy and appropriation of personality.privacylawyerhttps://www.blogger.com/profile/03943567746055311435noreply@blogger.comtag:blogger.com,1999:blog-6273930.post-90894164302485874652010-04-11T21:00:52.356-03:002010-04-11T21:00:52.356-03:00With respect to the "artistic/literary" ...With respect to the "artistic/literary" exception to PIPEDA, do you think that would be sufficiently broad to encompass films intended for commercial release? Or would it be possible to create some kind of scale of such films for purposes of the analysis (eg non-commercial films, documentary, commercial, etc. - I would imagine there would need to be finer gradients, but that's a broad brush start)?Bob Tarantinonoreply@blogger.com