Another lawsuit threat!

Started Aug 3, 2009 | Discussions thread
G. Gray
Veteran MemberPosts: 4,529
Like?
The Laws in Quebec are different from the rest of CANADA
In reply to Proacguy, Aug 5, 2009

My advice... take your pics in Ontario.
There are many references but here is one.
http://ambientlight.ca/laws.php
and I quote.
"Quebec Human Rights Code

In Quebec, the Quebec Human Rights Code grants all humans the right to their private life. For photography, this broadly-worded right allows each individual person in Quebec control over the use of their image (meaning, a photo of them).

The Quebec Charter Of Human Rights and Freedoms (PDF), Chapter I, 5.:
Every person has a right to respect for his private life.

This was recently upheld by the Supreme Court of Canada in a case where a photographer published a photo of an individual in public, without the subject's permission. The image was nothing special, it was taken from a public place of a person in public, and did not injure their reputation. However, the Supreme Court of Canada said that the photographer should not have published the photo without the permission of the person photographed, and ruled in the favor of the subject of the photo. They did note that there are exceptions for newsworthy events, people who are in the public eye, like politicians or celebrities, or if the person was incidental to the photo, and not the main subject(s).

Aubrey v. Edition Vice-Versa Inc.

Wikipedia Article Summary of Case - The Court held that under Quebec law a photographer can take photographs in public places but may not publish the picture unless permission has been obtained from the subject.

The Court limited this requirement to exclude persons whose photographs were taken during an event of public interest. That is, a person of public interest or equally an unknown person who is implicated in a public matter cannot claim image rights. Consequently, anyone's photograph that was incidental to a photo of some matter will be treated as part of the background and will not be able to claim their rights were violated.
The transcript of the Supreme Court of Canada case
The Supreme Court of Canada's Findings "
=================================================

Proacguy wrote:

Hi,

I'm an amateur photographer living in Montreal Canada. I recently took some photos of a relatively unknown singer at an outdoor free concert and posted them on my page on My Space and flickr. I received a message from the lawyer of the singer 1 week later, threatening legal action as an attack on the person and an attack on the personality, if I did not remove the photos within 24 hours. I quickly removed them not wanting the expense and hassle of a lawsuit for a hobby that I enjoy.

In the past newcomers have welcomed my photos and many have asked me permission to put them on their website(some have even taken them without permission). Because of my recent legal threats, I am seriously considering abandoning this type of photography that I enjoy.

Would you have any suggestions or comments on how best to avoid this type of incident in the future, short of stopping taking these types of photos? Thanks in advance for your replies.

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If you go into Home Depot and someone offers to help you and he is not an employee, you are in Canada

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