Street laws (v. publishing)

[ElectroWNED]

Sorry, I know this has been done umpteen times before.

In the USA: (assuming it is NOT defamatory in any way) can I publish a street shot of someone without their permission? Printed and displayed, included in a book, posted online, etc...


I bring this up because I just heard of the Duclos case in Quebec, where the guy was sued for taking a street shot because the girl in the picture was laughed at by her friends. Basically, from what I've read, street photography in Quebec in illegal. This is a serious blow to my aspirations of doing street at a university in Montreal.

So yes, a quick concise answer will do. And if anybody is versed in Quebec photography law, your input would be appreciated too.

 

[Roger Hicks]

The Duclos case is seriously weird and would not in my view survive appeal in 2010. BUT, it ain't been challenged yet, and juries are weird. So are some judges.

Historically, pictures that do not tell lies about the subject (most usually in advertising, implying an endorsement of a product) or hold them up to ridicule, have been OK. But in 2010, who knows?

Cheers,

R.

 

[Landshark]

So you want to publish/display a picture that defames someone?
That doesn't sound like a really good idea to me. I'd think you better have deep pockets.

 

[ElectroWNED]

So you want to publish/display a picture that defames someone?
That doesn't sound like a really good idea to me. I'd think you better have deep pockets.

well done, you got me.

 

[Bob Michaels]

"Legal Handbook for Photographers" by Bert Krages, Esq. has a wealth of legal information. It is widely available, not expensive, and worth purchasing.