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legal question


bpearl

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<p>Hello :)<br>

I'll make this quick and to the point, I really appreciate your responses and thoughts - thanks in advance for your time!<br>

I am in Banff, Alberta - Canada... this is a bit of a legal/ethical question.<br>

I photographed <a href="http://www.facebook.com/photo.php?fbid=10150277046625276&set=a.10150277045745276.547385.524070275&type=1&theater">this photo one day</a> (hope the link works) - as you can see it was spontaneous moment. I have since shared it with a non-profit in Banff who is using it (among other images) as 11x17 prints in windows around town to promote a photo contest of memorable moments in Banff.<br>

They guy in the foreground emailed me and said he saw it and "To my understanding you need to have my written concent before displaying or put up for sale. "<br>

How best to respond?<br>

I can't seem to remember the canadian legal rights - this was on public property, he was at work, i am not selling it. do i need a model release/written consent to use it on my website or to share with the non-profit?</p>

<p>Thanks!<br>

B</p>

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<p>Thanks again - I got a positive reply from him after I explained it this way:<br>

In terms of your concerns; I am not reselling the image, nor is it being used for profit in any way - the displays will be taken down before the end of the month. In Canadian photography law if a photograph is taken of someone who is in a public place and if that person is in a position of 'no reasonable expectation of privacy' the photographer is not encroaching on anyone's legal rights nor invading privacy. There is no reason in this case for a model release or written consent - I do apologize if you feel any discomfort, and would like to assure you my intentions were not to harm anyone by submitting this photo to help in the promotion of a great new photography contest as part of Banff's culture.<br>

Cheers all,<br>

B</p>

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