So, the upshot of this little tempest in a pisspot seems to be that once again, a photographer has caved in to the threat of legal action, even knowing that he has done nothing wrong. So far, I have not been able to find any citations, in either Canadian criminal or civil law that seems to put me on the wrong side of the legal fence.
My understanding is that I would require a release if the images were being used commercially, and that I would be on the wrong side of things had I been told up front (even verbally) that the pictures were not to be used in the manner I chose. Since I am not running a commercial website, was given no usage limitation provisions at the time, nor signed any legalese by the Regina Shutterbugs (including a membership form) which would bind me to their wishes, or the wishes of the model, I'm not seeing where they have a legal base. The closest thing I have been able to find to something that would put me on the wrong side is the breach of privacy statute, but it could only be applied to this in an alternate universe. OTOH, as Bran noted, there is the hysteria surrounding privacy issues and nudity that would work against me, as well, there is a strong political movement in these parts regarding abuse of women, and I'm certain that this would be argued as a form of abuse. Interestingly, the lady had no issues with wandering around the house naked in front of at least a dozen male photographers..... So, the Regina Shutterbugs come off looking, to me anyway, like a group of retards, and the model, to me, a hysterical ninny who thinks nothing will be done with pictures of her, other than perhaps taping them to the photographers bedroom walls. Ah well, I had little use for them before, and have no use for them now. And Ann, I did not, nor will I, apologize to her. I refuse to admit I did anything wrong here, and am still reserving the right to repost the images if my lawyer thinks I am safe to do so. I really do believe that if people don't take a stand against this miasma of horseshit that is creeping across the land, then we will have no rights to do anything in a very few years. be well William Robb -- PDML Pentax-Discuss Mail List [email protected] http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
