Canadian legislation re: selling landscapes

I've been asked to produce a couple of prints which I took whilst on holiday in Canada from the UK. I was just wondering if anyone could enlighten me as to the legislation regarding selling prints taken on Canadian soil? I'm reliably informed that here in the UK if you take a shot whilst on a public right of way then you are entitled to sell it without seeking permission from the landowner. I was just wondering if the rules were the same in Canada? To complicate matters, I was in a national park!

I understand that this is not bona fide legal advice but just posts on an internet forum, but any advice people may be able to give would be gratefully received.

If it concerns you try a google search for 'photography permit in ? ' - whatever National Park you were in - you didn't menion that? There are regulations for commercial photography in the parks but you may find it doesn't apply in your situation? You can always e-mail the relevant authority for clarification.

eg for commercial photography in Banff a quick search turned up this:-

http://www.banfflakelouise.com/category.html?catid=77

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Brian

http://www.bjmontheweb.com

I highly doubt that the poster was asking for the type of information that was provided in the link, or possibly, you yourself have not read it thoroughly (which is a good thing, though I myself did). The link about commercial photography and filming is talking about the requirements and restrictions of commercial projects that aim to have crews and equipment within the park grounds. From my reading of the initial post, the question posed is: can I take a photo of something in Canada personally, and then sell the image without facing any legal hurdles? Though I'm not a lawyer, and will not claim to know anything regarding this matter, I wouldn't see why you couldn't! Take all the photos you please, sell them at your whim--unless you are violating the rights of others, or their privacy, selling these photos should not cause any problems. The trick is this: what is violation of privacy? More accurately put: is photography of a given person in a public space WITHOUT their consent regarded as a violation of privacy. I don't know what the law states, but personally, I feel it is not, for the very act of being in public contradicts the notion of seclusion and privacy.

These are just my opinions; they'll obviously differ depending on who you consult regarding the matter. Goodl uck. Over and out.

First the disclaimer. I'm not a lawyer.

But I know a lot about this stuff.

You're fine, for sure, if the photos were taken in any province or territory except Quebec, if no recognizable people are in the shot.

Is this enough to increase your comfort?

BAK

Why the exception for Quebec? Just the funny French attitude, or someting more sinister?
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Rob

http://braveulysses.deviantart.com/

Thanks everyone - I was in Alberta / BC and there are no people in any of the shots. Now I just need to find out about Alaska!

The Quebec Supreme Court has ruled that a persons right to privacy outweighs any photography rights, so publishing a photograph of a person taken in a public space can get you sued for damages. English Canada and U.S. civil law are based on English Common Law, Quebec civil law is not.

Alaska would be the same. You can sell the landscapes to your hearts content.

Nine provinces and three territories work on the British-based common law principle, and Quebec works on a France-originated codified law principle, and thus the legal systems are different. Nepolianic Code strikes a bell.

And, a few years ago, there was a court case in Quebec regarding an "art" photo which, as best I remember, had a person in it, sitting outside, photographed from some public space, which would have been OK in an art gallery situation in the rest of Canada but the judge / court ruled against the artist / photographer.

Commercial use of photos in Quebec is close in law to the rest of the country; releases needed, etc.

BAK