The Law on Photography
This is a topic we have discussed at University about whether or not you have the right to photograph strangers in the street without permission. Does it matter if you are using the images for your work? Or What's the difference in being on CCTV? Both ways capture your face in public so is this something that should just be forgotten about? I personally avoid street photography for this very controversy. Here I have given some evidence where someone took action on a photographer for publishing his portrait in a gallery:
Between 1999-2001 Philip-Lorca diCorcia photographed pedestrians in Times Square, NYC.
The resulting works were shown at Pace/MacGill Gallery in Chelsea. When Erno Nussenzweig, an Orthodox Jew and retired diamond merchant from Union City, N.J., saw his picture in the exhibition catalogue, he sued diCorcia and Pace for exhibiting and publishing the portrait without permission and profiting from it financially.
Philip-Lorca diCorcia, "Heads" Series
The suit sought an injunction to halt sales and publication of the photograph, as well as $500,000 in compensatory damages and $1.5 million in punitive damages.The suit was eventually dismissed by a New York State Supreme Court judge who said that the photographer's right to artistic expression trumped the subject's privacy rights. Mr. Nussenzweig's lawyer, Jay Goldberg, told The New York Law Journal that his
client "has lost control over his own image" he went on to say "It's a terrible invasion to me," Mr. Goldberg said. "The last thing a person has is his own dignity."
Philip-Lorca diCorcia, "Heads" Series
When is it right or ethically wrong to make an image? Think of yourself in the
position of the subject and ask yourself, am I happy to be photographed and be
unaware of it?
My Own Work,
"Captured unaware"
"Captured unaware"
Reading this has made me think about how I would feel being photographed in public and not being aware of it. Would knowing about the photograph make a difference to the right's the photographer has?
Saying this, if the photographer approached me and asked for my picture and I asked what he was doing with it, it would be a different story and you could agree in person to whether that picture is publicized. People would question; Do you really know who this person is, or what the photograph is going to be used for?
It becomes a different story when you know the people in the image
It it obvious that there is some controversy around this subject and I understand why. If I had to do a project where I make images of people on the street, I would find it extremely difficult approaching people and would probably photograph from a distance, therefore the subject would be unaware. If you photograph people in the street going to work or going home, how easy is it to then stop them and ask for permission?
If I'm honest I do avoid this genre of photography because of these issues around the subject as I never know if I'm in the right or not? So I guess I'm neither for or against it for the reason that someone with a camera could be anyone and without approaching your subject you are taking risks with being reported, but on the other hand I can understand how hard it is for the photographer who prefers to capture people unaware, as all photographers know those are the best pictures.
I also agree from the other posts that being in public surely means your face is out there for everyone to see automatically and there's nothing you can do about it. It's a very difficult thing to judge in my opinion, but these days you have to be careful about everything!
Please comment your views.
