chris_peterson1 Posted July 13, 2003 Share Posted July 13, 2003 So I asked this guy. Can I take your picture? He says no. Can I take a picture of your bike? Go ahead, he says. I take the picture and publish it. He was on a public street in a public place. I guess I didn't have to ask at all... 28mm 2.8/ I think it was some old T-Max 400 we had sitting around. Link to comment Share on other sites More sharing options...
joshroot Posted July 14, 2003 Share Posted July 14, 2003 No you didn't have to ask. But that can also get you punched in some places. Link to comment Share on other sites More sharing options...
mike dixon Posted July 14, 2003 Share Posted July 14, 2003 If you're going to take the guy's photo anyway, what's the point in asking? So you can think of yourself as polite and considerate of your subject's wishes (unless you really want to take the shot)? I take a straightforward approach: I shoot first and maybe ask questions later. Link to comment Share on other sites More sharing options...
h._p. Posted July 14, 2003 Share Posted July 14, 2003 If you're going to so much trouble, why take such a boring picture? Link to comment Share on other sites More sharing options...
steve_unsworth1 Posted July 14, 2003 Share Posted July 14, 2003 If you ask and someone says 'no' you don't take the picture. That's not ethics, it's politeness. If you going to disregard his wishes why ask the damm question in the first place? _Personally_ I don't normally ask, you tend to get a posed shot if you do. But if someone indicates to me when I'm shooting that they don't want their photograph taken I don't take it. Link to comment Share on other sites More sharing options...
steve_unsworth1 Posted July 14, 2003 Share Posted July 14, 2003 For 'politeness' read 'good manners'. Link to comment Share on other sites More sharing options...
kevin m. Posted July 14, 2003 Share Posted July 14, 2003 Maybe the trick is to lay on a heavy veneer of friendliness while your pushing your camera into the guys face? Like the Martians in "Mars Attacks" who were saying "We come in peace" while blasting Earthlings with their weapons.... Link to comment Share on other sites More sharing options...
kevin m. Posted July 14, 2003 Share Posted July 14, 2003 Maybe the trick is to lay on a heavy veneer of friendliness while your pushing your camera into the guys face? Like the Martians in "Mars Attacks" who were saying "We come in peace" while blasting Earthlings with their weapons.... Link to comment Share on other sites More sharing options...
nesrani Posted July 14, 2003 Share Posted July 14, 2003 Could you repeat that please, Kevin? Link to comment Share on other sites More sharing options...
sal dimarco Posted July 14, 2003 Share Posted July 14, 2003 Chris, Your excuses don't cut water here. YOU asked him if you could take him picture. He said NO. You did it anyway. You deliberately misled him, then you publish the photo!!! Legalities aside, at the very least you were morally wrong. A good lawyer could have a field day in court with you. Happy Snaps, Sal Link to comment Share on other sites More sharing options...
mike dixon Posted July 14, 2003 Share Posted July 14, 2003 <i>A good lawyer could have a field day in court with you.</i><P> How so? Taking someone's photo in public against his wishes is not illegal. Link to comment Share on other sites More sharing options...
lee_shively Posted July 14, 2003 Share Posted July 14, 2003 Ever hear of "don't ask/don't tell"? You asked. He told. You did it anyway. Not really a good thing to do. Link to comment Share on other sites More sharing options...
you_cant_handle_the_truth Posted July 14, 2003 Share Posted July 14, 2003 mike, chris said he published the photo. he needs a release. he may be in legal trouble if he benefits financially Link to comment Share on other sites More sharing options...
joshroot Posted July 14, 2003 Share Posted July 14, 2003 No, he does not need a release to publish the photo, at least not in an editorial setting anyway. The man is on a publis street, and therefore is "in the public eye". As I understand it, it's actually legal to stand on the sidewalk and shoot photo through your neighbor's windows. However, I don't know how the fact that he asked and the guy said no figures into it. It probably doesn't matter, since the underlying fact is that it's still legal to take a photo of someone in the street. In the end, I agree with most other people. If you are going to take the photo anyway, don't even ask. That's just a cop out. Link to comment Share on other sites More sharing options...
mike dixon Posted July 14, 2003 Share Posted July 14, 2003 Depends very much on how/where it's published. If by published he meant he's showing it to us here on the forum, it would take one hell of a lawyer to get anywhere with the case. I realize that, from reading photo.net, people might get the impression that you can never show photos to anyone without a signed release, you shouldn't photograph anyone without a disinterested third-party present to attest to your good behavior, and you shouldn't even point your camera at a child without the parents' permission, the actual level of paranoia and precaution practiced is a bit lower in the real world. Link to comment Share on other sites More sharing options...
kevin m. Posted July 14, 2003 Share Posted July 14, 2003 As usual, Mike, you're a voice of reason and common sense. The Junior Lawyer Patrol lays it on pretty thick on this forum sometimes. I'd like to see someone taking pictures where it really is illegal: WalMart and your local mall. I've been hustled out of those places or harassed by security guards more than once. Seems like an ideal opportunity for a cell-phone digital camera. Link to comment Share on other sites More sharing options...
stephen_w. Posted July 14, 2003 Share Posted July 14, 2003 Kevin, Carrefour (European Walmart type hypermarket) in Spain "receptionist" handled my camera roughly and sealed (heat seal) it in a plastic bag. sheesh Link to comment Share on other sites More sharing options...
doug_landrum Posted July 14, 2003 Share Posted July 14, 2003 One problem here is the differentiation of ethics vs. common courtesy, good manners and doing the right thing. Too many people use the concept of what is "ethical" to mean - is the act or omission subject to legal sanction (civil suit or criminal prosecution). I have decided to base my decisions on photographing people in public based on a standard of "am I doing the right thing based on loving my neighbor as much as myself." I don't necessarily have an answer of what is right in every situation, but at least I have a compass to follow. That also does not mean that I make good choices all the time but it does translate into caring for your intended subject. Obviously the standard of what is "ethical" is a bottom line that should not be crossed. If you decide to ask permission, then I think the subtrafuge of a wide angle lens to include a subject that has denied permission falls below the line of ethics based on fraud. Link to comment Share on other sites More sharing options...
douglas k. Posted July 15, 2003 Share Posted July 15, 2003 Um, I don't really think the guy could successfully sue...But even if he wanted to, wouldn't his face have to actually be visible in the photo? Link to comment Share on other sites More sharing options...
preston_merchant Posted July 15, 2003 Share Posted July 15, 2003 I can't see why this is an ethical dilemma. Guy says no photo; you shoot the photo. So what? His suing you or not suing you does not impact that act of shooting the picture. If you politely put your camera down every time someone says "no photo," you won't take very many pictures. The last time I checked, ethics and liability law were two different fields of study. Link to comment Share on other sites More sharing options...
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