by Myotherlife » Sat Sep 06, 2014 10:17 pm
Former (Canadian) professional photographer here. In Canada, this is a grey legal area, the legality of which hinges on the way the photographs are used. There are no laws in Canada which prohibit photography in public places. Since people appear in public places, it stands to reason that they might appear in photographs taken in public places. The rub is that the photographer is at risk if he or she sells those photographs without the permission of the person or people who appear in them, or uses them in a way which would bring disrepute to those people. There is a well-known case where a photographer in Montreal sold a photograph of a man crossing a street to a company that wanted to use it in advertising. The man, who had not given his permission for use of the photograph, sued, and the photographer lost big time with a huge court-mandated cash settlement.
In practical terms, law or no law, it is extremely risky to take photographs of children without their parent's permission. And most parents, thank God, are unwilling to let strangers take photographs of their children unless benign intent is abundantly clear.
To show you just how risky this can be, let me tell you what happened to me. I was hired to photographs of each class in a rural elementary school for use in a calendar that the parent-teacher association wanted to sell to raise money. I took the photographs, had them processed, and delivered the finished portraits to the school with the understanding that I would be paid for the photography and for the finished prints for the calendar. In addition, parents would buy additional portraits directly from me.
A week or so after I delivered the portraits to the school, I got a call telling me that the deal was off: the mother of a kindergarten student had complained that in the picture of her daughter's class, her daughter's panties were clearly visible. It was news to me. I checked my negatives, and sure enough, there was the little girl with her panties showing, slightly. Her mother had told my contact at the school that I was a pervert, and that was that. I did get paid for the photos I had delivered, but nothing more. And I gather that in the eyes of that mother, at least, I was a pervert. Her allegation was worthy of a lawsuit for slander, but I had better things to do with my life. And, really, I have little belief that alleged "perverts" ever receive a fair shake from the court system.
I won't claim to be free of sexual "issues" — why else would I be here? However, I am not a pedophile, nor do parents, or anyone else for that matter, have the slightest thing to fear from me.
We live in a society which is so totally warped about sexuality that it is literally dangerous to admit to anything more than "normal" sexual interests, even though we know that practically nobody is truly "normal" when it comes to sex.
Other