This subject hits close to home for me.
When I moved to Sacramento five years ago I read the horrifying story of a Sacramento Bee photog who, when taking photos of some children in a park, was beaten literally senseless by relatives of the children. He can no longer work and had to relearn to walk and talk.
The story scared the hell out of me. I have for five years avoided photographing people on the street, with few exceptions, since.
Last Sunday I went to a farmers market and was testing the water with regards to my photographing people, a snap here or there with a smile and nod from the subjects without any objection until a woman approached me. She asked who I was and why I was taking photos. I explained that I did this as a hobby. She was aggressive and self-righteous asking if I had asked the permission of the people that I had just photographed. I explained that I did not need to ask permission, and if they were to object in any way I would stop.
I turned and left, infuriated. The woman went to the people that I had photographed, to tattle on me I assume.
I've been all over the map emotionally since. I'm angry that anyone with a professional looking camera that doesn't wear a press badge is assumed to be violating the rights of people in public places. I also find myself sharing her concern with the safety and well being of children, I have a son who is nine that I don't let out of my sight, for probably the same fears that this woman was feeling.
I don't want to scare people when I'm taking candids, but I also don't want to spoil great creative moments by stopping to ask for permission.
The human aspect of photography is the most fascinating aspect to me. Everywhere I go I see photos...great photos in the faces of the people I see. I actually thought about just quitting if I couldn't find a way to photograph people in their environment, unposed and naturally.
Has anyone else felt this way or dealt with this issue?
Scot
----- Original Message -----
From: <mailto:bob183@optonline.net>Bob Schwartz
To: <mailto:photoforum@listserver.isc.rit.edu>List for Photo/Imaging Educators - Professionals - Students
Sent: Saturday, August 16, 2003 3:49 PM
Subject: Re: Brighton Beach Brooklyn and exploitation
You are correct, Leslie. I was speaking only of the commercial use situation. For art or editorial purposes, no release is needed to photograph a person in a public place (or a private place if you have been invited there) and to use the picture for artistic or editorial purposes.
---
Bob Schwartz
----- Original Message -----
From: <mailto:LScottPht@aol.com>LScottPht@aol.com
To: <mailto:photoforum@listserver.isc.rit.edu>List for Photo/Imaging Educators - Professionals - Students
Sent: Saturday, August 16, 2003 6:10 PM
Subject: Re: Brighton Beach Brooklyn and exploitation
You are correct when you are speaking of using the picture in advertising.
However, in a photojournalistic situation, you have every right to take a
photograph of a person in public including a child. You may not use this in
advertising, but it can be used for editorial purpose like newspapers. You DO NOT need
their permission unless you try and sell the pictures to be used for
advertising reasons. When you go into a newsworthy situation at a private home or
restaurant or the like, you can take pictures until the person tells you that you
cannot. You may, however, use the pictures that you shot up until that point.
Any other situation except for gallery purpose or editorial purpose, you need
a model release to use the photos. As a photojournalist, it would be ludacrist
(spelling?) to stop and ask for permission.
Leslie Spurlock <A HREF=" Scott Photography</A> <A HREF=" Scott Photography and Tours</A> 1-888-381-0854 <mailto:lscottpht@aol.com>lscottpht@aol.com
Scott,
There are people in places who do not want to be photographed and you should be sensitive to that. You have to ask yourself if you fit in the "hood" or not. :-)
Since the recent events I have been anticipating a negative change in public behavior with regard to shooting in public and not found it - just in the authorities. A smile and no sneaky moves should be enough to keep you free to photograph.
Build a Lookaround!
The Lookaround Book, 2nd ed.
http://www.panoramacamera.us
