3 years ago
In Canada: If I take a picture of someone without them knowing or consenting, and I post it on the internet, can they sue me? $M5 Total TIP
Any LOOPHOLES? ex: Could I use Parody to get out of this particular situation? Like if I made fun of the picture used?
Depending on the quality of your answer, I will tip extra accordingly.
Note: I'm not actually being sued, I'm just curious as to the current Law
Depending on the quality of your answer, I will tip extra accordingly.
Note: I'm not actually being sued, I'm just curious as to the current Law
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M$1 Answer
From;
http://www.photojunkie.ca/archive/2007/01/your-canadian-rights-as-a-photographer/
"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."
From;
http://ambientlight.ca/laws.php#Ontario-Privacy_Act
"Provincial Statutes and Regulations - Ontario
Privacy Act
The Privacy Act protects personal information that is submitted to the government from improper use or distribution, and does not apply to photography, with the possible exception of photography done for a Government body.
Privacy Act, 2.:
The purpose of this Act is to extend the present laws of Canada that protect the privacy of individuals with respect to personal information about themselves held by a government institution and that provide individuals with a right of access to that information.
Ontario does not have an Act which grants it's citizens ownership of their image, likeness, voice, or other attributes. Other provinces may have this kind of act, however, the Privacy Act of Ontario does not protect these rights. This does not mean that model releases are not be required, since the model could sue you under Civil law."
From the above website;
"Another scenario is where no damage has occurred, and you can still be sued. For example, if you take a photo of a person, or an identifiable property, and you profit or gain from the sale of the photo, then the person or owner of the property can sue you to control the use of their image, or for a cut of the profits."
http://www.photojunkie.ca/archive/2007/01/your-canadian-rights-as-a-photographer/
"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."
From;
http://ambientlight.ca/laws.php#Ontario-Privacy_Act
"Provincial Statutes and Regulations - Ontario
Privacy Act
The Privacy Act protects personal information that is submitted to the government from improper use or distribution, and does not apply to photography, with the possible exception of photography done for a Government body.
Privacy Act, 2.:
The purpose of this Act is to extend the present laws of Canada that protect the privacy of individuals with respect to personal information about themselves held by a government institution and that provide individuals with a right of access to that information.
Ontario does not have an Act which grants it's citizens ownership of their image, likeness, voice, or other attributes. Other provinces may have this kind of act, however, the Privacy Act of Ontario does not protect these rights. This does not mean that model releases are not be required, since the model could sue you under Civil law."
From the above website;
"Another scenario is where no damage has occurred, and you can still be sued. For example, if you take a photo of a person, or an identifiable property, and you profit or gain from the sale of the photo, then the person or owner of the property can sue you to control the use of their image, or for a cut of the profits."
You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
M$
Thank you.