Archived posting to the Leica Users Group, 2001/05/23

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Subject: Re: [Leica] model releases etc.
From: Dan Cardish <dcardish@sympatico.ca>
Date: Wed, 23 May 2001 19:59:56 -0400

I was going to post this in reply to a private email sent to me, but I
decided to make this my final public comment on this topic.  I hope it
clarifies my position without angering too many people.  I am simply
expressing my point of view.

There is something about what many people on the list refer to as "street
photography" that I find disturbing.  In my view photojournalism is serious
business, it should not be treated as a fun "hobby" to be practiced on
Friday evenings or weekends by people to post the following week on web
site for criticism.  You wouldn't expect a print journalist to randomly
pick someone such as myself and publish weekly articles about my life would
you?  Why should photojournalism be any different?  If a photojournalist
takes my photograph in a public street or park, he or she should have a
very good reason.  If I'm involved in something newsworthy (I'm committing
a crime or I'm a public figure, for example) then that is good enough
reason to publish my photo.  The law in Quebec states this, I believe.

But if I'm just sitting on the side of the curb waiting for a friend or
just killing time, then why should the photographer be allowed to publish
my photograph?   Why should a serious photojournalist even want to take my
photograph?   If the photographer sees something very artistic about my
pose in the scene, fine, that is a good reason (to take the photograph, not
publish it).  But he is morally obliged (IMHO) to ask me first before
publication.  The law may or may not state otherwise, that isn't the
question.  If the law does say otherwise, then the law is wrong.  Simple as
that.

I realize that some of you will point out that I would probably condemn
much of HCB's photography.  Most of his work is real photojournalism, in
that he was in the midst of tremendously newsworthy events.  It is not
simple "Street Photography".    But I also feel that much of his work does
exploit the subjects, as I feel that it is very unlikely that he ever asked
permission to publish (I may be wrong here, but my opinion is based on what
I understand to be his less than noble character).

Simply stating something like, "If I don't want to have my photograph
published, I should stay locked away in my home" is unacceptable.  I am a
citizen of a democratic society and I have the most basic fundamental right
to be able to enjoy the available freedoms of society, including taking
walks in a local park.  The onus shouldn't be on me to avoid the
possibility of my photograph being taken and published in the local paper
by hiding myself away from society.  The onus should be on the photographer
to justify why my photograph should be published.

Dan C.

Replies: Reply from Dan Cardish <dcardish@sympatico.ca> (Re: [Leica] model releases etc.)