Categories
Photos of Canada Photos of Quebec

The “rue du Trésor” in Old Quebec.

Being watched in rue du Trésor, Old Quebec 2024
Being watched in rue du Trésor, Old Quebec 2024

On an evening when isolated showers were continually changing the atmosphere in Quebec City, I visited the old part of the town, especially “rue du Trésor”. Today’s article features four photos of the same street captured from different angles. About three hours separates the shots.

Above, passers-by seem to be followed by an individual. I’ve maximized the effect of tension by taking advantage of a moment when the tourists in the background are in the light and the lone walker remains in shadow. To accentuate the discomfort, I opted for a cold tone and undersaturation in post-processing.

Below, two young people chat quietly at the entrance to rue du Trésor, while pedestrians go about their business. The tiles have had time to dry out a little since the last shower.

Conversation near rue du Trésor, Old Quebec 2024
Conversation near rue du Trésor, Old Quebec 2024

The photo is legal in Quebec because it’s not just about the two persons in the foreground. There’s a street setting where other passers-by are also present. This is always a factor to consider when publishing for non-commercial use. If the couple is alone in the scene and it’s a close-up, I can capture the scene, but under Quebec law, I don’t publish. For added precaution, it is sometimes better to wait a while between the moment the photo is taken and its distribution. Finally, I make sure that people are not portrayed in such a way as to damage their reputation. So, there are always multiple factors to consider before a photo is taken and distributed.

Reflections after the rain in the rue du Trésor, Old Quebec 2024
Reflections after the rain in the rue du Trésor, Old Quebec 2024

Above, a couple takes a walk immediately after a rain shower. I set up the camera a few inches off the ground, in front of a puddle to get a reflection.

The goal of the picture is the water reflection but, since I want to publish the photo, I have to think about the persons. The couple becomes possibly the main subject for some viewers. Using added precaution, I put an artificial obstacle in front of the man’s eyes to make him less recognizable. As for the woman, her head turned to one side makes identification impossible.

Below is a view of the Rue du Trésor during the “blue hour,” after the showers. The last tourists take the opportunity to choose a piece of art before the shopkeepers leave.

Rue du Trésor in evening in Old Quebec, 2024
Rue du Trésor in evening in Old Quebec, 2024

Click on the link for reference books about photography in Canada and Quebec on my blog. Also use the following link for more photos of Quebec City and Île d’Orléans in summer on my blog.

Categories
Photography Books

Photography and the law: “La face cachée de la photo”.

Photography books: "La face cachée de la photo" by Francis Vachon.
Photography books: “La face cachée de la photo” by Francis Vachon.

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

Categories
Law

Grand angle sur la photographie et la loi

(Un précis sur le droit de la photographie au Québec et au Canada)

Grand angle sur la photographie et la loi
Grand angle sur la photographie et la loi

For those of you who can read French, here is a very interesting handbook. The author, Jean Goulet, is a lawyer by profession and was a full time teacher at the University Laval Faculty of Law in Québec. Himself an amateur photographer, he decided to develop on the many legal questions pertinent to amateur and professional photography.

The author skims through national and international legislation and takes a moment to discuss the Berne Convention. He uses real life examples in order to help the photographer understand the legal consequences of his actions when taking a picture.

Mr Goulet uses Canadian, Québec, French, American and English jurisprudence to highlight the legal aspects in the Aubry, Théberge, Snow, Roby, Ateliers Tango argentin, Xprima affairs, etc.

The reader is informed as to copyright, counterfeiting, reproduction of photos legal limitations, as well as monetary compensation granted regarding defamation. The amateur or professional photographer can learn about the legal obligations pertaining to filming of taking pictures during a show or a theater piece. Details are also provided for anyone interested into photographing animals, expensive private properties, people on a private or public lot, political figures, etc.

Many other aspects are brought forward in this really well done handbook but I cannot present them all in a short article. All you should know is that it is easy to find the information you need and that reading this handbook will help you to take informed decisions before taking pictures.

Here are few points, among many more present in the book that a photographer should know:

[My translation] “The right to take pictures in a private property exists as long as the property owner gives you his authorisation, or is non-existent when the law strictly forbids it”.

[My translation] “ Everybody possessing a personal and exclusive right on his image, nobody can photograph a person and transfer the photo in the public domain without the person’s personal consent, if the photographed person can be recognized and if that person does not hold in the scene a role that is only an accessory role ”.

As well, [My translation] “ If the photographed person is a minor, the photographer will have to obtain the full consent from the child’s parents in order to publish the photo; if the parents cannot come to an agreement, the case will have to be brought to Court (a.604 C.c.Q) ”.

When it comes to copyright: [My translation] “ Photographers hold a copyright as soon as they have used the camera shutter, this copyright protecting their economic rights and including a moral right that they keep even if they have sold copies of their original work, unless they have explicitly gave up that privilege ”.

[My translation]: “Owner or holder of rights, the independent photographer still remains the only master of the photography he created. It is the basic rule when it comes to ownership or rights linked to photography”.

Title : Grand angle sur la photographie et la loi
Author : Jean Goulet
©Wilson&Lafleur Ltée, Montréal, 2010
ISBN : 978-2-89127-972-7