Archived posting to the Leica Users Group, 1998/04/12

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Subject: Re: [Leica] Re: important court ruling [LONG]
From: ted grant <75501.3002@compuserve.com>
Date: Sun, 12 Apr 1998 19:18:46 -0400

Eric wrote:

<<<<I often take a person's picture without their permission because their
awareness of being photographed often destroys the mood.>>>>>

Of course! And who among us hasn't done that? I see many posts about "I'm a
Leica street photographer" an use my M6 or whatever to capture people in
real life. Do they get he persons permission first? Not on your life!

If you photograph someone and you wish to use the picture where it might be
published it's best to get a Photo release or name, as newspaper
photographers do always. OOPS! I guess a Quebec photographer didn't and now
we see photographer's rights in Quebec to photograph on the street in
jeopardy.

In many cases it is best to "shoot first!! Ask permission after!" simply
because, if you disturb the visually motivating moment with, "Excuse me I'd
like to take your picture etc etc etc" the magical moment is lost forever. 
If you have not worked in this fashion I feel you have blown many great
picture opportunities because what motivated you in the first place to
raise your Leica to your eye and shoot, will never be there again. The
moment is completely lost.

Now if any of us go to Quebec, we will be in danger of being charged or
sued simply for taking scenics and someone happens to be in the frame. Now
that gets scary if that is the intent of the law as passed.

And if this student is given a nice big monetary reward, it will open the
flood gates to every Quebecois keeping an eye for people taking their
pictures, so they can sue! :)  Just think how many Leicas can be sold as
people go about taking pictures and suing each other! :)  Only in Quebec,
you say! Pity! :)

ted