Do I need permission?

Sobrina

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Hi,
I have 2 questions for you guy's


1-Do I need a special permit to sell a picture that I took in a park or a touristic site? I know that my question is kind weird but I'm just starting and I don't wanna get into trouble without even knowing...


2-If I have someone in the picture, what kind of paperwork should I have them sign so they don't come back to me later on with wanting more money...

Thanks :)
 

KmH

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Hi,
I have 2 questions for you guy's


1-Do I need a special permit to sell a picture that I took in a park or a touristic site? I know that my question is kind weird but I'm just starting and I don't wanna get into trouble without even knowing...
Maybe. A government owned park/tourist site, or a privately owned park/tourist site?

2-If I have someone in the picture, what kind of paperwork should I have them sign so they don't come back to me later on with wanting more money...

Thanks
A contract. Your question implies you've already given them some money. I'm not sure how model release/publication law works in Canada.
You should also become familiar with the basics of Canadian copyright law so you'll know who owns whatever photos you make.
 

Chris R

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1- don't seek legal advice on the Internet

2- don't seek legal advice on the Internet.
 

tirediron

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1- don't seek legal advice on the Internet

2- don't seek legal advice on the Internet.
Agree, however these questions are a little more basic. The former depends entirely on which park, and in the case of the latter, while there are certainly variables, a properly written model release will work in 99.9998% of cases.
 

user3977

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what parks should you look out for that would charge or want you to pay for using their park to take photos?
 
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Sobrina

Sobrina

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Thanks for your answers! With those info, I know at least what to look for now ;)

:)
 

robolepa

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Somebody sent this to me awhile back. It answered a lot of questions I had:


1. You can make a photograph of anything and anyone on any public property, except where a specific law prohibits it.
e.g. streets, sidewalks, town squares, parks, government buildings open to the public, and public libraries.
2. You may shoot on private property if it is open to the public, but you are obligated to stop if the owner requests it.
e.g. malls, retail stores, restaurants, banks, and office building lobbies.
3. Private property owners can prevent photography ON their property, but not photography OF their property from a public location.
4. Anyone can be photographed without consent when they are in a public place unless there is a reasonable expectation of privacy. e.g. private homes, restrooms, dressing rooms, medical facilities, and phone booths.
5. Despite common misconceptions, the following subjects are almost always permissible: * accidents, fire scenes, criminal activities * children, celebrities, law enforcement officers * bridges, infrastructure, transportation facilities * residential, commercial, and industrial buildings
6. Security is rarely an acceptable reason for restricting photography. Photographing from a public place cannot infringe on trade secrets, nor is it terrorist activity.
7. Private parties cannot detain you against your will unless a serious crime was committed in their presence. Those that do so may be subject to criminal and civil charges.
8. It is a crime for someone to threaten injury, detention, confiscation, or arrest because you are making photographs.
9. You are not obligated to provide your identity or reason for photographing unless questioned by a law enforcement officer and state law requires it.
10. Private parties have no right to confiscate your equipment without a court order. Even law enforcement officers must obtain one unless making an arrest. No one can force you to delete photos you have made. These are general guidelines regarding the right to make photos and should not be interpreted as legal advice. If you need legal help, please contact a lawyer.
 

2WheelPhoto

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Gotta' love a forum, ask a legal question get 20 different Internetz answers..... roll the dice and proceed =)
 

KmH

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Somebody sent this to me awhile back. It answered a lot of questions I had:


1. You can make a photograph of anything and anyone on any public property, except where a specific law prohibits it.
e.g. streets, sidewalks, town squares, parks, government buildings open to the public, and public libraries.
2. You may shoot on private property if it is open to the public, but you are obligated to stop if the owner requests it.
e.g. malls, retail stores, restaurants, banks, and office building lobbies.
3. Private property owners can prevent photography ON their property, but not photography OF their property from a public location.
4. Anyone can be photographed without consent when they are in a public place unless there is a reasonable expectation of privacy. e.g. private homes, restrooms, dressing rooms, medical facilities, and phone booths.
5. Despite common misconceptions, the following subjects are almost always permissible: * accidents, fire scenes, criminal activities * children, celebrities, law enforcement officers * bridges, infrastructure, transportation facilities * residential, commercial, and industrial buildings
6. Security is rarely an acceptable reason for restricting photography. Photographing from a public place cannot infringe on trade secrets, nor is it terrorist activity.
7. Private parties cannot detain you against your will unless a serious crime was committed in their presence. Those that do so may be subject to criminal and civil charges.
8. It is a crime for someone to threaten injury, detention, confiscation, or arrest because you are making photographs.
9. You are not obligated to provide your identity or reason for photographing unless questioned by a law enforcement officer and state law requires it.
10. Private parties have no right to confiscate your equipment without a court order. Even law enforcement officers must obtain one unless making an arrest. No one can force you to delete photos you have made. These are general guidelines regarding the right to make photos and should not be interpreted as legal advice. If you need legal help, please contact a lawyer.

All of that only applies in the USA.

Bert P. Krages Attorney at Law Photographer's Rights Page
 

skieur

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Somebody sent this to me awhile back. It answered a lot of questions I had:


1. You can make a photograph of anything and anyone on any public property, except where a specific law prohibits it.
e.g. streets, sidewalks, town squares, parks, government buildings open to the public, and public libraries.
2. You may shoot on private property if it is open to the public, but you are obligated to stop if the owner requests it.
e.g. malls, retail stores, restaurants, banks, and office building lobbies.
3. Private property owners can prevent photography ON their property, but not photography OF their property from a public location.
4. Anyone can be photographed without consent when they are in a public place unless there is a reasonable expectation of privacy. e.g. private homes, restrooms, dressing rooms, medical facilities, and phone booths.
5. Despite common misconceptions, the following subjects are almost always permissible: * accidents, fire scenes, criminal activities * children, celebrities, law enforcement officers * bridges, infrastructure, transportation facilities * residential, commercial, and industrial buildings
6. Security is rarely an acceptable reason for restricting photography. Photographing from a public place cannot infringe on trade secrets, nor is it terrorist activity.
7. Private parties cannot detain you against your will unless a serious crime was committed in their presence. Those that do so may be subject to criminal and civil charges.
8. It is a crime for someone to threaten injury, detention, confiscation, or arrest because you are making photographs.
9. You are not obligated to provide your identity or reason for photographing unless questioned by a law enforcement officer and state law requires it.
10. Private parties have no right to confiscate your equipment without a court order. Even law enforcement officers must obtain one unless making an arrest. No one can force you to delete photos you have made. These are general guidelines regarding the right to make photos and should not be interpreted as legal advice. If you need legal help, please contact a lawyer.

Great summary and yes it DOES APPLY IN CANADA as well.

I should add that you do not need a permit to sell a photo taken in a park whether the park is public or private. A case in Canada on that principle was ruled in favour of the photographer.

skieur
 

tirediron

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I should add that you do not need a permit to sell a photo taken in a park whether the park is public or private. A case in Canada on that principle was ruled in favour of the photographer.

skieur
Could you provide a link to the abstract for that case? I know that Parks Canada was actively trying to clamp down any sort of "professional" photography.
 

skieur

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I should add that you do not need a permit to sell a photo taken in a park whether the park is public or private. A case in Canada on that principle was ruled in favour of the photographer.

skieur
Could you provide a link to the abstract for that case? I know that Parks Canada was actively trying to clamp down any sort of "professional" photography.

No link. I get my info. from the newspaper (the old fashion way). The case was related to African Lion Safari( a private park) in Ontario and their sign that said that any photos taken on sight become the copyright of the owners. One photographer took photos and sold them. African Lion Safari took the photographer to court and lost. African Lion Safari appealed and still lost to the photographer.

By the way, a park by being accessible to by the general public is therefore a PUBLIC PLACE as defined in law. That means that anyone can take photos in a park and sell them. The only risk they may run is being charged with trespassing if the park is private, but that does not relate to the photos taken and the freedom of the photographer to do with them what he/she wishes.



skieur
 
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tirediron

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Interesting; I know that the City of Duncan tried to "trademark" the totem-poles and charge a fee to photograph them and have lost several attempts to collect on it. With respect to the parks issues, I was thinking more of the Parks Canada Parks, (Jasper/Banff, etc) and Parks Canada's policy prohibiting any "professional" photography without permit. I believe they have been successful in collecting against at least one photographer; not on a copyright basis, but rather because he engaged in professional photography without a permit and in violation of their [BS] policy.
 

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