Legal question: people appearing in 'street' photographs

[FrankG]

The answer will likely vary from country to country, and I'm primarily interested in Canada.
I do a version of 'street photography' http://frankgross.com/portfolio/portfolios/untold-stories/
and the people in the images are for the most part recognisable.
I do not approach them for model releases for a variety of reasons.
The images are never sold as stock photography or for other 'commercial' purposes where the image is used for commercial gain.
However I was asked to show the images at a city wide 'art festival' in Montreal where they'd be printed large and displayed publicly.
The curator is concerned about being sued if someone recognises themselves.
The same question would apply if I exhibited the images in a commercial photography gallery or even a 'coffee shop' or sold prints from my website.
My thinking has been that millions of images are taken in this way (think magnum agency and a myriad of other photographers), and the images are often sold in galleries, published in books, used for editorial, without recompense for the subjects therein.
I came across the attached pdf which pertains to Ontario but I'm not convinced it's legally watertight, or even who the author is.
Does anyone have experience &/or knowledge to share?

[Slobodan Blagojevic]

From a US perspective, you would be ok in commercial galleries, coffee shops, or selling prints from your web site. Selling them that way is not considered "commercial" use in the US.

[Iluvmycam]

From a US perspective, you would be ok in commercial galleries, coffee shops, or selling prints from your web site. Selling them that way is not considered "commercial" use in the US.

That is my view as well. Advertising and endorsement are considered commercial. But people can sue for whatever reason they like.

OP...You have some very nice , clean work!  Most impressive.

Good luck with your show.

[Slobodan Blagojevic]

...You have some very nice , clean work!  Most impressive....

Indeed. Some resemblance to Edward Hopper's Nighthawks atmosphere (a compliment).

[FrankG]

Thanks for the compliments folks.

Do you have any reference to the law in the USA on this matter?

Hopefully someone in Canada will chime in too

[Slobodan Blagojevic]

I am not a lawyer, so my opinion is based on accumulated knowledge from various sources and cases that I've come across over time. For instance, there was this guy in New York who was shooting people with a long telephoto lens through windows of high-rise buildings, including children as well, and then exhibiting it in a gallery. Parents of one of those kids took him to court and... lost.

[tom b]

Some of the images remind me of this thread...

Cheers,

[RSL]

Frank, for legal info on the law in the U.S., check http://www.krages.com/phoright.htm. Bert Krages is an attorney and a photographer. There's a downloadable summary of the law on that page. I'd also recommend Bert's book: the Legal Handbook for Photographers.

[Robert Roaldi]

I can't answer your question, but the community on this site might be able to help.

Also, keep in mind that civil law in the province of Québec may be different than in the rest of Canada.

[FrankG]

Thanks. ...& true about Quebec laws being different

[BobDavid]

Frank Gross, your photographs are great.

[Jim Pascoe]

I agree about your pictures being excellent!  Most 'street' photos are in monochrome and rely mostly on composition and capturing the moment.  To that you have added a real eye for good light, capped off by superb use of colour.  What a great combination.

Jim