Taking Pictures Legally 1/4
Michel Hardy-Vallée

Taking Pictures Legally 1/4

A fine weekend in Montréal this was, and I went around the neighbourhood to take pictures to propose to a magazine.

As this is Canada, and more specifically, Québec, the legal precedents are perfectly clear: Thou Shalt Not Publish a Picture of Someone in the Street Without a Model Agreement.

So I didn't fight the law, and walked kindly to various people, with my pile of forms in one hand, and my Yashica D in the other, asking for a picture.

The reactions were generally good, as the weather put people in an uplifting mood. Refusals were polite, and grateful of the effort made from asking permission.

I'm not sure if I will win prizes with those pictures, but I'm glad I passed the legal test, and managed to get pictures that are at least engaging.

For this particular picture, my luck was more than tremendous: this lady was the very first person I photographed. It turns out she is a professional photographer who went on maternity leave. She has a Yashica D as well, and was very glad to talk about film and TLRs.

Serendipity, indeed.
Equipment Used
Yashica D
Exposure
f5.6 1/250
Film & Developer
Expired Kodak 400VC
Paper & Developer
Neg scan
Good series of shots. Is the need for model release a carry over from the privacy laws in France with which Quebec has a cultural connection? Must be a burden to have to secure this release each time, especially if the recognisable people are only incidental to the shot which of course, I accept, they are not in these shots.

What was the expiry date on the film? If this is VC, it isn't over saturated. NC however is wonderfully muted.

pentaxuser
 
you do not need model releases for photos taken on the street in Canada as far as I know. check out this website for more info http://ambientlight.ca/laws.shtml
 
 
Michel:

This might appear to be an overly legalistic point, but ...

As you point out, you can take any picture you want, at any public place.

The problem occurs when you decide to publish or otherwise use the images.

I really believe that the Duclos decision turns entirely on the legislation in Quebec, and that it is unlikely that there is anything in the legislation in the common law provinces that would cause the same result.

Of course, I have better knowledge of the law in BC than I have in the other provinces.

I do like the photographs in the series. I'm just concerned that the impression might be created that taking the photographs (as compared to publishing the photographs) might constitute some sort of wrongdoing, unless a Release is obtained.

Thanks for posting these.

Matt
 
 
This is a great series. I love Montreal-and her expression is just so typical of the lovely, happy, friendly, intelligent people that live there.
All of these images are great but I find this one the most visually interesting. The little guy makes it.
 

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Michel Hardy-Vallée
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FUJI PHOTO FILM CO., LTD. SP-3000
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joelleetmika.jpg
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