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The sticky issue of consent in street photography

dinalitovsky.bulletin.com

151–160 of 292 posts

Re: The sticky issue of consent in street photography

#151
post #62

This made me think - and I've still not managed to produce a coherent viewpoint. Closest I can come up with is that there's some sort of asymmetric 'value' that sometimes appears from nowhere and this throws us off a bit. As people have mentioned, security cameras are filming me all the time - and I've no issue with that. My image has no value. It's one amongst billions of frames taken, that will be ultimately wiped,…

Value can be created without it being “taken” from anywhere.

Re: The sticky issue of consent in street photography

#152
post #62

This made me think - and I've still not managed to produce a coherent viewpoint. Closest I can come up with is that there's some sort of asymmetric 'value' that sometimes appears from nowhere and this throws us off a bit. As people have mentioned, security cameras are filming me all the time - and I've no issue with that. My image has no value. It's one amongst billions of frames taken, that will be ultimately wiped,…

Value can be created without it being “taken” from anywhere.

Right; with the notable exception of value provided by governments, which largely comes out of the pockets of the working class.

Re: The sticky issue of consent in street photography

#153
post #115

Earlier quoted context omitted.

This is probably an unpopular opinion, but I'm in the same boat as em-bee - I am not ok with security cameras in public[1], or with public-facing doorbell cameras, either. My thought is basically: if a camera is recording the public, the public should have access to the recording. That isn't generally the case, so I'm not ok with it. [1] Note that by "public" I mean cameras facing streets, sidewalks, etc. I can alway…

I disagree with this. I consider the human eye a camera. It also saves videos in a storage medium that doesn't permit deletion. I don't distinguish between a silicon-based camera and a carbon-based camera. To me they're just different rows of the periodic table. In fact I even hope to think that one day silicon-based cameras can be used to restore vision to carbon-based beings that have non-functioning carbon-based c…

If you're going to make a high level argument, you should base it on something higher than two particular laws that have been passed by the government.

Re: The sticky issue of consent in street photography

#154
post #127

Earlier quoted context omitted.

But it’s not yours. You don’t own your “image”, just like you don’t own your DNA. It’s not reasonable to expect to require permission for someone to use your image that they captured. What if it’s for news purposes? What if it’s related to, say, and insurance fraud investigation? If you keep trying to draw the line, it gets harder and harder to draw. So what’s reasonable? If you have an expectation of privacy that’s…

> But if you do not, i.e. you are in public, What if you're on the street outside an HIV clinic? Or an abortion clinic? Or an STI clinic? Or a substance misuse clinic? Or a narcotics anonymous meeting? What if you're on the street, but have clearly just exited the door from that clinic? This isn't idle noodling. https://en.wikipedia.org/wiki/Campbell_v_MGN_Ltd

"The House of Lords held MGN liable by majority vote, with lords Nicholls and Hoffmann dissenting. Baroness Hale, Lord Hope and Lord Carswell held that the picture added something of 'real significance'. The court engaged in a balancing test, firstly determining whether the applicant had a reasonable expectation of privacy (thus determining whether Art.8 ECHR was involved). It then considered whether, if the claimant was successful, this would result in a significant inference with freedom of expression (balancing Art. 8 with Art. 10). It was held that Campbell's right to privacy (ECHR, Sch 1, Part I, Art 8) outweighed MGN's right to freedom of expression (ECHR Art 10)."

So there is a specific legal cutout for those cases.

The legal system is not usually made up of complete idiots.

Re: The sticky issue of consent in street photography

#155

Earlier quoted context omitted.

The basis of privacy rights in the US is the expectation of privacy. No one can claim an expectation of privacy in public. That image may be of you but you have no claim to it, as you didn’t take it.

That's what I mean. It's very surprising that exposing oneself to the public (as is unavoidable to do most things in life) warrants a loss of freedom to privacy. Effectively, the only people who get anonymity and a semblance of public privacy are those who can afford it, and not just anyone. Writing this out, it makes a lot more sense. The US is known for allowing certain rights and privileges to those who can afford…

Do you really want to force everyone around you to wear blindfolds? Or maybe you would prefer wearing a burka?

Re: The sticky issue of consent in street photography

#156

This will be an unpopular opinion but I feel someone taking a photo with me as the subject without my permission is almost on par with assault It feels like a huge invasion of my personal space, regardless of whether or not the photographer is in my face or not.

Would you feel the same way if someone did a painting of the same scene from memory? What if they were particularly adept at creating photorealistic paintings? How about if someone wrote a very vivid description of the same scene? Would you feel the same way?

I'm genuinely interested and not trying to make any particular point.

Re: The sticky issue of consent in street photography

#157

While people are constantly under surveillance of street cameras. While people are constantly under surveillance by their own phones and all kinds of apps. While people are constantly under surveillance during any internet activity . While most people agree to have computers that are not completely open which means no complete inspection of firmware and software including OS which means zero privacy by definition. Wh…

I have a feeling the people who will confront a photographer taking their picture, will be very quick on the draw to film the whole ordeal with their own camera. Regardless of consents.

Re: The sticky issue of consent in street photography

#158

Can I take your picture in a public space? A picture of your kids? Your kids in their bathing suits at the pool? Everyone draws the line, and at a different point. It's not boolean.

It absolutely is boolean for some people. If I'm in a public space w/o an expectation of privacy you have every right to photograph me. Same goes for my daughter, bathing-suit or street-clothes. I value the right of others to make photos in public spaces and I recognize that it applies to me as a subject.

I don't think you'd be ok with someone that would come to your house every morning to take pictures of your daughter that goes to school. You'll call police on day two if that happened.

Re: The sticky issue of consent in street photography

#159
post #157

While people are constantly under surveillance of street cameras. While people are constantly under surveillance by their own phones and all kinds of apps. While people are constantly under surveillance during any internet activity . While most people agree to have computers that are not completely open which means no complete inspection of firmware and software including OS which means zero privacy by definition. Wh…

I have a feeling the people who will confront a photographer taking their picture, will be very quick on the draw to film the whole ordeal with their own camera. Regardless of consents.

Of course! It's the "Do as I say, not as I do" Doctrine aka "Rules apply to everyone else but me".

Re: The sticky issue of consent in street photography

#160
Here's a ripple question for the lawyers.

While it's perfectly legal to take a photo of me in public, I own the "copyright" to my own image, can someone make money off it?

And if not my image what if I am wearing clothing that are my own creation, my mugshot might be fair game, but is the copyright of my clothing "Fair use"?

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