The book “La face cachée de la photo – prendre et diffuser des images en toute légalité” is no longer available in bookshops, but it’s well worth getting a used copy, if only for the flowcharts that let you know whether the photo you want to take is legal, and whether you have the freedom to distribute it.
After all, it’s quite possible to have the right to photograph without having the right to publish. You also need to know the nuances between editorial and commercial distribution, as well as how to obtain written authorization where applicable.
There are also nuances between the privacy laws of the following two groups: the first made up of Quebec and France, and the second made up of the rest of Canada, the United States and the majority of Western countries.
In addition, a distinction must be made between the person who is the main subject of the photo and those who are merely incidental to it. The laws also change depending on whether the photo is taken from a public or private place. Finally, there are always exceptions to each category. As you can see, nothing is simple in this area…
The author uses case law to flesh out his points. He also discusses the limits of police and security officer powers, and what is legally permissible on Facebook and other social networks when it comes to disseminating an image.
He also elaborates on the difference between patrimonial, moral, integrity and authorship rights. He even expands on the changes to copyright before and after November 7, 2012. A section of the book tells you how to detect if your images are being used illegally, and how to request corrections and compensation.
Finally, Francis Vachon uses the last sections of his book to show us how to obtain photos legitimately, and sometimes free of charge. He also shows us how to protect ourselves from a lawsuit.
In short, a book full of vital information for the amateur and professional photographer, as well as for all social media users. Many of these users are full of good intentions, but can find themselves in trouble pretty quickly for inadvertent negligence.
Click on the link for more books on photography and the law on my blog.
Title: La face cachée de la photo – Prendre et diffuser des images en toute légalité.
Author: Francis Vachon
Éditions : Septembre, © 2018
ISBN : 978-2-89471-506-2