Live data from Hacker News

The sticky issue of consent in street photography

dinalitovsky.bulletin.com

11–20 of 292 posts

Re: The sticky issue of consent in street photography

#11

I always found this issue to be confusing. There are literally hundreds of cameras tracking me every day: in the parking lot, in front of the ATM, when I buy my groceries… I have no ability to know when I’m being recorded or what happens to those recordings. Yet some people are upset if they get photographed by a human photographer in a public space. Is the only difference that the photo was taken with intent?

Is intent just another way of distinguishing between active and passive recording?

Re: The sticky issue of consent in street photography

#12

I always found this issue to be confusing. There are literally hundreds of cameras tracking me every day: in the parking lot, in front of the ATM, when I buy my groceries… I have no ability to know when I’m being recorded or what happens to those recordings. Yet some people are upset if they get photographed by a human photographer in a public space. Is the only difference that the photo was taken with intent?

CCTV footage doesn't go viral, and my social circle won't see it.

I find it hard to understand that people in this thread see no problem there.

You can still believe that photographers should have every right to take photos (and legally they do, so there's nothing to discuss about the status quo), but you need to address this point, even if only by summarily dismissing it.

Re: The sticky issue of consent in street photography

#13
Sometimes there is an engineering solution to a social problem. Rather than blurring faces software can now isolate them, downscale and then upscale them, such that they look like real people but don't actually exist. The photo doesn't look censored but the consent issue goes away. Then you just have to identify the faces that you want to keep. The same could be done with the brands and logos that randomly litter photos, creating other legal issues.

Re: The sticky issue of consent in street photography

#14
post #12

I always found this issue to be confusing. There are literally hundreds of cameras tracking me every day: in the parking lot, in front of the ATM, when I buy my groceries… I have no ability to know when I’m being recorded or what happens to those recordings. Yet some people are upset if they get photographed by a human photographer in a public space. Is the only difference that the photo was taken with intent?

CCTV footage doesn't go viral, and my social circle won't see it. I find it hard to understand that people in this thread see no problem there. You can still believe that photographers should have every right to take photos (and legally they do, so there's nothing to discuss about the status quo), but you need to address this point, even if only by summarily dismissing it.

> CCTV footage doesn't go viral

Unless you trip over, get mugged or your pants fall down.

Re: The sticky issue of consent in street photography

#16
post #13

Sometimes there is an engineering solution to a social problem. Rather than blurring faces software can now isolate them, downscale and then upscale them, such that they look like real people but don't actually exist. The photo doesn't look censored but the consent issue goes away. Then you just have to identify the faces that you want to keep. The same could be done with the brands and logos that randomly litter pho…

I know thats the direction we're heading but do you have an example that's available now and realistic?

Re: The sticky issue of consent in street photography

#17
post #10
post #2

The legal situation is similar in Germany, but I wouldn't do street photography here, either. The article discusses morality and ethics versus personal preference, but that's just high-brow talk. The point is that today, once someone photographs you, you cannot possibly know where he will post or publish your photo. And yes, that's creepy. Decades ago photographers maybe showed your picture at a gallery or exhibition…

In the US it’s pretty well established that art is exempt from privacy laws. It gets muddy[1]when you try to use it commercially: so you can sell a photograph as art, but you can’t use it without consent or permission if the art is for commercial purposes (to advertise, for example). A well known case is a Hasidic Jew suing photographer DiCorcia. New York State sided with the photographer: http://www.artistrights.inf…

In the U.S., you can use a photo you have taken for commercial purposes without requiring the consent of the subjects in the photo as long as: 1) the subject didn't hire you to take the photo (thus making it their property), 2) there is no reasonable expectation of privacy (photo taken in a public place). [0]

Any "muddy" aspects are purely a civil matter, and even then, public photography is a constitutionally protected activity under the first amendment.

[0]: https://www.pixobo.com/photography-laws-can-a-photographer-u...

Re: The sticky issue of consent in street photography

#18
post #12

I always found this issue to be confusing. There are literally hundreds of cameras tracking me every day: in the parking lot, in front of the ATM, when I buy my groceries… I have no ability to know when I’m being recorded or what happens to those recordings. Yet some people are upset if they get photographed by a human photographer in a public space. Is the only difference that the photo was taken with intent?

CCTV footage doesn't go viral, and my social circle won't see it. I find it hard to understand that people in this thread see no problem there. You can still believe that photographers should have every right to take photos (and legally they do, so there's nothing to discuss about the status quo), but you need to address this point, even if only by summarily dismissing it.

> CCTV footage doesn't go viral, and my social circle won't see it.

It's available to LEO - and they come with a history of leveraging surveillance in ways that profoundly damage lives.

Re: The sticky issue of consent in street photography

#20
post #12

I always found this issue to be confusing. There are literally hundreds of cameras tracking me every day: in the parking lot, in front of the ATM, when I buy my groceries… I have no ability to know when I’m being recorded or what happens to those recordings. Yet some people are upset if they get photographed by a human photographer in a public space. Is the only difference that the photo was taken with intent?

CCTV footage doesn't go viral, and my social circle won't see it. I find it hard to understand that people in this thread see no problem there. You can still believe that photographers should have every right to take photos (and legally they do, so there's nothing to discuss about the status quo), but you need to address this point, even if only by summarily dismissing it.

>and legally they do

It depends of the country.

Post reply on HN