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The sticky issue of consent in street photography

dinalitovsky.bulletin.com

261–270 of 292 posts

Re: The sticky issue of consent in street photography

#261

Earlier quoted context omitted.

If I understand correctly, the reason why public photography is considered protected speech is because we want citizens to be able to capture public events of interest. That is, protests, riots, cops using excessive force, or more happy events like celebrations, etc. When it comes to someone taking photos in those situations I have no problem with it. However I really dislike the commercial street photographers as a…

The difference between a model and a random stranger is night and day. The reason the model gets paid is because they are professional and contribute roughly equally to the process. With [good] street photography, it's almost entirely the story that is told that brings the value, the subject just happens to be living their relatively ordinary life.

So you want to use my likeness to make money by selling it while simultaneously telling me that my life is too mundane to bother asking me if this is ok?

Most street photography that becomes popular is centered around people who are in distress. How is that not exploitation?

Re: The sticky issue of consent in street photography

#262

Earlier quoted context omitted.

>taking a photo with me as the subject without my permission is almost on par with assault Why would you wish to give 'permission' to art expression of someone else? Isn't that an assault to the freedom of other person? >It feels like a huge invasion of my personal space It feels this way until there is understanding that public space means that you are part of that public and public can be photographed by anyone int…

> It feels this way until there is understanding that public space means that you are part of that public and public can be photographed by anyone interested to preserve the moment I understand this and also disagree with it. It may be the way things are but that doesn't mean I have to like it. > Some people feel uncomfortable and find it hard to respect basic freedom of other person for art expression You are asking…

>Forgive me if I don't think someone else should have that kind of control over something that could affect me deeply.

No, I am not going to forgive you for that. Not you nor any one else with such views. It sounds like you are ready to deny to other people their basic freedoms just because it "could affect you deeply". This way any oppression really work. To avoid repeating myself I'll direct you to my other comment: https://news.ycombinator.com/item?id=29335887

>I understand this and also disagree with it. It may be the way things are but that doesn't mean I have to like it.

Of course it doesn't mean you have to like it. You may not like it as long as you do not convert it to aggressive actions that I have observed many times in the streets.

>You are asking me to care more about people's artistic freedom than my own peace of mind. That is never going to happen.

I am not asking you anything it is your responsibility to care about things that could lead to loosing freedom in society.

I am claiming it is a right of an artist to have freedom of thoughts and art expression and if you really mean what you say it seems like you are ready step over it. From my perspective you are crossing the line there with severe consequences.

>I don't see how asking for a good faith effort to ask permission to take or publish photos of an individual is trampling the ability of artists to express themselves.

Street photography doesn't work this way at all which means zero ability for artist to express themselves in that way. If you ask permission then you already lost the moment you wanted to picture. If you have to ask permissions you are not free to do what you really wanted because the subject who is sometimes unable to grasp what was in your mind due to the lack of education or any other reason would have the ability to block your work just because to his uneducated or corrupted or super enlightened mind it is not what photographer should picture. Why to bother then if someone else in full censorship over your work? It is zero freedom for art expression. And it influences the mood of photographer thus not allowing him to feel free and make pictures of what is really going on according to his perception. So instead of work of art you'll get glamour stupid pictures. Artificial demo instead of quality observation by the artist. Thanks to the attitude you've perfectly described it makes it in some countries absolutely impossible to do proper street photography and even harder to publish due to a lot of hassle. This leads to the situation where I simply do not publish my street photography and this is exactly: "how asking for a good faith effort to ask permission to take or publish photos of an individual is trampling the ability of artists to express themselves."

>When people photograph you, they can then do anything they want with that photo. They can delete it, or store it indefinitely, or post it online, turn it into a meme, whatever.

It is not exactly like that, there are nuances in each case of usage and they vary in different countries. But in general freedom of other person means that it is choice of that person and yes it can affect you deeply. Does it mean you should prohibit everything that affects you deeply? again there are other things that affect you much more deeply: https://news.ycombinator.com/item?id=29335887

Would you also be in favor of prohibiting a free speech? After all some of it could be unpleasant and affect you deeply? Just keep in mind that once you do that the society looses ability to discuss hard issues thus unable to face real issues thus separating itself from reality and together with inability for the artist to deliver different perspective on things would exactly be moving toward doomed oppressed society that is unable to deal with real world. If you wish to see live example you can look toward Russia and Belarus. Would you prefer to live there?

Re: The sticky issue of consent in street photography

#263
post #256

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.

I can feel the same about people looking at me without my permission. Is there a difference between the two?

Yes, and it should be obvious.

Someone looking at you doesn't produce an artifact that they can profit off of, for one.

Re: The sticky issue of consent in street photography

#264
post #257

Earlier quoted context omitted.

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.

Because it's stalking?

It's interesting that the incredulous replies to my comment have to resort to describing contrived situations that go beyond simple candid photography in public to harassment or other illegal acts to "prove" I can't possibly feel how I do.

There's this pervasive attitude in the comments for this article that having your photo taken in public is some major affront. I see people equating it with assault, even. That feels very "Internet tough guy" to me.

I feel like I've made the "Internet tough guys" unhappy by not falling in line behind them. They simply can't conceive that I wouldn't be "outraged" at the same things they are. That, too, "outrages" them, apparently.

Re: The sticky issue of consent in street photography

#265

Earlier quoted context omitted.

> It feels this way until there is understanding that public space means that you are part of that public and public can be photographed by anyone interested to preserve the moment I understand this and also disagree with it. It may be the way things are but that doesn't mean I have to like it. > Some people feel uncomfortable and find it hard to respect basic freedom of other person for art expression You are asking…

>Forgive me if I don't think someone else should have that kind of control over something that could affect me deeply. No, I am not going to forgive you for that. Not you nor any one else with such views. It sounds like you are ready to deny to other people their basic freedoms just because it "could affect you deeply". This way any oppression really work. To avoid repeating myself I'll direct you to my other comment…

I find this view to be wildly dramatic. As if the right to street photography is the only thing stopping society from sliding into fascism. Give me a break.

Trying to paint me as some kind of jackboot who is ready to trample all over everyones freedom because I happen to disagree with how consent around public photography is handled is nonsense.

Here's an anecdote from my local paper: A woman is on a public bus with her baby. A man starts taking photographs of her baby. She asks him to stop because it makes her uncomfortable. He doesn't stop, insisting that he's perfectly allowed because it's a public space.

He's right of course. But I have a huge problem with that and think it shouldn't be allowed.

I guess that makes me a fascist. Like how dare I think that guy should have to ask permission.

And surely if he wasn't allowed to do that it would mean the absolute end of freedom in the world. Those baby photos are critical to maintain our rights.

Get outta here.

Re: The sticky issue of consent in street photography

#266

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…

The same people seriously discuss if it is ok for photographer standing openly in the street to take some pictures? I should check the dictionary for definition of insanity because it can help to describe the situation. You could consider the possibility that debates over this are a proxy issue for discomfort with surveillance in general, as a camera with a person behind it is easier to talk about than a camera erect…

>You could consider the possibility that debates over this are a proxy issue for discomfort with surveillance in general

So you suggest to support avoiding real issue of surveillance and support redirection of concerns toward those who has nothing to do with it because for people it is easier? This is reminds me the attitude with which Jewish people in Nazi Germany where claimed to be the source of all problems.

I was literally faced questioning attempts with threats in the public street just because I was making test shots directed toward the bush and AWAY from any people or any private property. Talk to me about 'performative rudeness'...

Once I was questioned for making photo of parked old motorcycle. I had telephoto lens and had to take my distance from the motorcycle coming close to the the few stairs of some building directing my camera AWAY from that building staying in public street.

Turned out those stairs were leading to the backdoor of some restaurant where some local TV stars happens to be celebrating something in that very day. Of course I had no idea about any of that.

One of the tv stars was smoking outside and was very concerned and ready to attack me with security of the restaurant even though I have never directed camera toward him. He was attempting to question me aggressively while I was trying to be nice with him.

It was very hard for this local star to believe that I with my serious equipment was interested more in some old parked motorcycle rather then in His majesty amazing Him who I failed to recognize by the way because I simply did not watch TV at all for some years already. Now I regret that I was too nice with such bright individual.

Again talk to me about 'performative rudeness'...

Many people went far beyond 'performative rudeness' toward photographers. They treat photographers as criminals just in case and do not hold themselves from aggression quesioning attempts and yet you prefer/propose to discuss my 'performative rudeness' for paying attention to some obvious facts rather then discussing their attitude and the real issue of surveillance?

Re: The sticky issue of consent in street photography

#267

Earlier quoted context omitted.

Pointing your camera in the wrong direction at the wrong moment can also get you killed. I've heard stories like https://news.ycombinator.com/item?id=29331480 but which ended in tragedy.

They were in a high crime area pointing a video camera (which I'm assuming was larger than your typical camera) at some people sitting on their porch. That's completely different from typical street photography

The story I'm thinking of that ended in tragedy involved park photography.

Re: The sticky issue of consent in street photography

#268
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,…

I'm MUCH more comfortable with street photography than CCTV. I don't care if my image is taken in public, I have no expectation of privacy in the moment. But I do care about subsequent analysis of, and storage of linked metadata about those images. A random street photographer or member of the public is unlikely to be connected to a permanent, secret, and searchable database of facial recognition, gait analysis, or w…

Well, once someone publishes your street photo, it becomes instantly available to a plethora of searchable databases from all kinds of jurisdictions.

If it's CCTV, it's just one company that manages the photos, under local regulations.

Re: The sticky issue of consent in street photography

#269
post #141

Earlier quoted context omitted.

I always read every contract I sign, but I may not be representative. However, the woman you were talking about could have crossed out the offending paragraphs in the contract in the gym probably would have gone along. That said, I think contracts like that where you have to opt out of what you would think of to be normal behavior shitty.

They are almost all on ipads at climbing gyms. Yeah it would be cool to have like mini check boxes for each major provision, especially ones that aren't safety critical (they wouldn't let you climb if you didn't check those)

Lame! Didn’t think of that

Re: The sticky issue of consent in street photography

#270

Earlier quoted context omitted.

> I consider the human eye a camera. It also saves videos in a storage medium that doesn't permit deletion The key distinction is that the human eye and its storage system doesn't meaningfully support duplication and distribution of the picture. What someone saw is not going to show up in Clearview's biometric surveillance database years later, and while this one human may remember me, the inherent limitations of hum…

I don’t know. I’d be roughly as uncomfortable with someone tweeting to a large audience that they saw me at a certain location at a certain time as I would be with someone posting a photo of me to a large audience.

That's the difference though. It doesn't happen in practice if you aren't famous, because the person with the eye can only do a limited number of things at the same time, and spending all day tweeting about random people isn't what most people want to spend their time on.
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