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Steve,
As an attorney that specializes in advertising law, I
can tell you that this is simply incorrect. If you use an individual's picture
in an advertisement, regardless of whether you imply an endorsement or imply
that the person is speaking part of the message, it is an absolute violation of
that person's right of privacy. You can be sued for damages in most states, and
in some (New York for example), it is also a criminal violation.
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Bob Schwartz
----- Original Message -----
Sent: Saturday, August 16, 2003 4:42
PM
Subject: > Re: Brighton Beach Brooklyn
and exploitation
Everytime I see this subject come up, it infuriates me.
This ignorant
attitude inhibits photographers from making some potentially
great pictures.
Unles you 'put words or infer endorcements or imply
editorial with that
person speaking part of the message,' including a
person in your photograph
does not require the permission of the person in
the picture to offer that
picture into the public.
S.
Shapiro
----- Original Message -----
From: rand flory
To: List for
Photo/Imaging Educators - Professionals - Students
Sent: Saturday, August
16, 2003 12:28 PM
Subject: Brighton Beach Brooklyn and
exploitation
Dave,
Any time you photograph a person without
their permission (even if it is
granted later), it is probably a form of
"exploitation." When a person is in
a situation by circumstance rather than
by choice, you, the photographer,
could possibly feel this more deeply than
normal.
But I don't think you exploit someone unless you put them in a
bad light.
You did not do that with "Brighton Beach Brooklyn." Getting
these folks all
bundled up and moved onto the street took a lot of effort
on somebody's
part. It would have been so much easier just to have allowed
them to stay
inside. So the feeling is that they wanted to be there and
someone cared
enough to put them there.
This is, to me anyway, a
celebration. A celebration emphasized by the
background even if is meant
for a different crowd.
Great shot!
peace and
pixels,
rand
----- Original Message
-----
<snip>
I wanted to get some feedback,because
although I like the photograph, I
felt that it might be construed as
exploitive.
<snip>
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