This Photo Might be Illegal
Long ago, before your phone was also your camera, it was a first-class pain in the ass to shoot street photography in Paris. The French, peculiar people they are, are very particular about the “Droit à l’image” (Right to One’s Image) issue. Frankly, it can be incredibly tiresome dealing with French people who seem to think it’s their business what you do with your camera in a public space. In the States, we’re relatively habituated to people pointing cameras in public spaces. Under American law, if you’re in a public space, you’re fair game. Of course, this hasn’t stopped freedom loving Americans from bitching at me when I’ve pointed a camera in their general direction, but I’m on firm legal ground when I’ve told them to go pack sand.
In France, meanwhile, I’ve had people threaten to call the police because I was taking pictures of inanimate objects in public. Arrogant people, the French, although I love them dearly in spite of their obvious faults. And God help you if their child could possibly be somewhere in the picture – I’ve almost come to blows with aggrieved Parisians about the issue. My standard response is “Yes, call the police. Let’s talk to them about it” at which point they’d cut and run after a few choice words, or, if that didn’t work, I’d suggest they engage in an anatomically impossible sex act and then ignore them, which seemed to either force the encounter to an unpleasant conclusion or, in rare instances, send it nuclear. More on that some other time.
Sitting on Your Front Porch in Mississippi? Fair Game
The gist of Droit à l’image des personnes en France is a simple one. If the subject of the photograph is a person, that person has a right to oppose the use of his image. This right derives from the French civil concept of private life. Essentially, what it means is this: before being able to use the photograph in question, you must ensure that the person photographed does not expect privacy of his personal image and that he does not oppose the publication of this image. Unlike other countries (e.g. The States) this right to one’s image includes images taken in public, including group photography during something like a street demonstration.
The person whose image is at issue can oppose use its use by invoking Art. 9 of the French Civil Code which protects the right of every individual to respect for his/her private life. Contrary to a misconception seemingly prevalent in Paris, it’s not the taking of pictures in public itself that is a violation of the right, but rather the diffusion or publication of photographs where both the context and the person are easily recognizable. Try explaining that to some large French guy currently in your grill, spittle flying, demanding you delete the photo you’ve just taken on that picturesque Parisian Boulevard.
Meanwhile, These People Could Sue the Hell Out of Me
Like most things, the devil is in the details. Any photographer who is content to shoot for his own personal and private use does not violate the law (e.g see: Court of Cassation, Criminal Chamber, October 25, 2011, appeal 11-80.266, “… the taking of photographs without the consent of the persons appearing therein having been made in a public place, the offense provided for by article 226-1, 2 ° of the Penal Code does not apply.” And if you really want to get legalistic, even in France there exists the right to photograph and publish persons of “public interest” without their express permission. As such, if I see Sir Thorsten von Overgaard – obviously a “public figure,” married as he is to Princess Joy – out and about with a gaggle of acolytes taking his street photography seminar, I’m within my rights to take his picture, as authorization is not required of “public figures” given a recognized “right to information”, “right to information” meaning photographs of public personas in engaged in public activities. The suckers following him around, off limits.