Your Canadian Rights as a Photographer
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Being harassed as a photographer is not a new thing for me. Nor do I think it is a problem I bare on my own.
In the US there is a great PDF that you can print out as to your Rights as a Photographer. There’s also a PDF for protographers in the UK. But what I have found is that there is no definitive answer as to what are rights are as a Canadian.
I was planning to do more research into this subject but found that Tyler from AmbientLight.ca has already done quite a good job of summing up what some of our right’s are as a Canadian.
There are a few points that I want to stress.
A) You have the right to take photographs where ever you want. That being said be aware if you are doing so on private property.
B) No one can tell you to legally delete a photo. Once you have taken a photo they are your property.
C) Know the criminal code. For example if you are on private property and some one asks you to stop talking photos, if you continue, that would be considered trespassing, which is against the law.
D) Common sense and courtesy go a long way. Being defensive and causing a scene will not necessarily help your case. Take a second to think before you speak.
All in all definitely read this summary of Canadian Law. It will definitely guide you on what to do if you ever encounter such a situation. We can’t stop people from harassing us, but you shouldn’t be bullied either.
Thank you for posting this!!!
Yes,as Marc said above,many thanks for posting such a good piece of education and direction towards rights and responsibilities.Good photoblog.
Great post, Rannie. I’ll spread the word.
Completely awesome linkage here. I was familiar with a few things just from my Music Business education, but things involving photos on and around private property were completely new to me.
So you know, it is my policy that pictures are allowed to be taken in my home this coming Wednesday, but they must not appear on this site without the express written permission of Kate Winslet. If you do manage to get in contact with Ms Winslet, be sure to send her pictures of me, and inform her that more explicit ones are available, should she wish to have them. Failing that, I don’t really care either way, actually.
Same goes for somebody trying to take your film/camera away. Even if you are on private property, they have no right to do so since they’re also your property. I’ve been asked to give film to somebody before, so I informed them that if they could quote me in the criminal code where it says that wouldn’t be theft, then I’d fork it over. Needless to say, I have the film still.
Also: if you are taking photographs on a public street into a private building, they can’t legally stop you as well.
I pays to have journalism friends
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FYI, there was an article in a recent issue of PhotoLife about Canadian rights and photography. I remember that Quebec had different laws than the rest of Canada (surprise, surprise).
So if I snap a shot of someone I am free to do as I wish with their photo? If not so, what are the laws on that?
Do these laws also apply to videography? After all, it’s just “motion photography”.
Though this person is talking about US law, there are probably some parallels:
http://kevin.lexblog.com/2007/03/articles/blog-basics/legal-right-to-use-photo-of-person-on-blog/
Generally though I believe that as long as you aren’t trying to make money off of it then you are fine. If there is money involved then you should get the subject to sign off on it. From a non-legal standpoint I would take the approach: would I mind a photo of me being used this way, without my explicit permission?
i am wondering what the laws are around posting pictures of an event (say a wedding) on a website (to advertise your services) Is it required to get the permission of the person who hired you??
Thank you for this. Things are getting out of hand in Canada. Photographers should start organizing protests.