Sometimes I have no clue what to write until the day I should be posting something but this week it was easy (thanks, Coldplay). Plus, I knew this topic after the viral Internet firestorm and countless memes this would be awesome for my SEO. 

After all the years of widespread surveillance and a camera in every hand, the question still arises on a regular basis – do you have any privacy or personal image rights in a public space? The short answer is not really.

Let me preface this by saying I am only speaking about laws as they stand here in Canada (except Quebec apparently). It certainly varies from country to country so always be sure to check first if you are travelling to avoid having angry locals give you a good kicking.

In this country, however, it is legal to take photos or videos on public property (streets, parks, sidewalks etc.) but there are some commercial exceptions and, most importantly, ethical issues also. For the purpose of this discussion though, we are going to focus on private property, like, hmmm, let’s think, oh, how about a rock concert at an arena. I swear that was totally random and off the top of my head LOL

So, what are the legalities of shooting photos or videos in a private space that has been opened to the public? Again, for the most part, it is treated like a public space BUT the owner / representative / band can certainly request for video or photography to be prohibited. Specifically though, does putting you up on the Kiss Cam violate your privacy rights?  The owner / representative / band has no legal requirement to inform anyone attending of this type of thing (or any other recording devices) as by agreeing to attend, you are implicitly consenting. Any image right you hold legally, only extends to not being used in a commercial capacity where compensation would normally be given (example: the band could not put your singular likeness on their next album cover without your consent).

If you want to learn more, you can watch David Fraser’s excellent privacy video. For specific cases, the Government of Canada aJustice Laws site is always a definitive resource, where you can also read the Personal Information Protection and Electronic Documents Act (PIPEDA). Like every law, always consult an expert if you’re not sure. 

Disclaimer: the above does not, in any way, constitute legal advice or expertise because, as you have probably already deduced, I’m not a photographer not a lawyer.

Photo of Karl Wolf shot at The Oakville Waterfront Festival in Oakville, Ontario.