From: Judy Seigel (jseigel@panix.com)
Date: 09/16/02-08:29:20 PM Z
On Mon, 16 Sep 2002, Marco Milazzo wrote:
> I'm no attorney, (and I don't play one on TV), but I imagine that there are
> as many answers to your question as situations we can dream up. As I
> understand it, you can IN GENERAL, legally photograph from a public place
> such as a sidewalk. But that doesn't give you carte blanche. There are
> competing issues of safety, security and privacy.
I can photograph from a public place INTO a public place, but not into a
private place (if the people see me and object). But you meet a lot of
sidewalk lawyers, who will tell you it's illegal to photograph someone
without their permission. Don't get into an argument, simply say "I'm a
lawyer and it's legal." However, in my experience, this is one case where
it's easier for a woman, they don't take you seriously, you're not as
threatening.
As for stopping someone and getting a model release -- right !
Especially when you're shooting, say, 6 rolls of a fast-moving crowd in an
afternoon. There's also the fact that the model release is worth diddle,
especially if you haven't paid them. "Release" or not, they can change
their mind. Not to mention that signing a paper for a stranger just like
that on the street would be a sure sign of insanity, which might mean
other risks down the line.
My understanding however is that a big consideration, should your
photograph be used somewhere where it will be seen, is if the picture
shows the person in a bad light, you could have trouble if they want to
make it. Still, has anyone heard of subjects of street photography making
trouble? Mostly they seem rather tickled. The only trouble I heard of was
when one of the couples who CLAIMED they posed for Doisneau's "Kiss" asked
for more money. Those were paid models he trotted around town, but he said
it wasn't them anyway, was two other people.
The other was the black guy getting out of a taxi used for a NY Times Mag
cover to represent "new black professional class." That was a grab shot
used COMMERCIALLY, for money -- and the guy said he didn't want to be
poster child for that concept.
I mean which of us would want to wake up one Sunday and see our picture,
even looking lean & handsome, as he did, on cover of magazine all
unbenknownst to us.
J.
>
> Can you photograph the nuclear power plant from the sidewalk? I doubt it,
> because a reasonable case could be made against it based on public safety.
> I would say that always trumps your "rights."
>
> But you MIGHT be able to photograph the nuclear plant from an even better
> position than the sidewalk if you went to the administration and said "I'm a
> photographer. Here's my credentials. I'd like to shoot for two hours on
> "X" date, and I'll use the pictures in this way. . ."
>
> Look, photography may be the most important thing in OUR lives, but if we
> ran the nuclear plant (or whatever) it would be WAY down our list of
> priorities. Before we call them Fascist Pigs, let's try to und work with
> them, not organize against them.
>
> Besides technical skill and creativity, photography has always required the
> ability to "manage" people. It was probably the same for Matthew Brady,
> Atget, Weegee or anyone else you can name.
>
> Marco
>
>
> ----- Original Message -----
> From: "Shannon Stoney" <sstoney@pdq.net>
> To: <alt-photo-process-l@skyway.usask.ca>
> Sent: Monday, September 16, 2002 3:01 PM
> Subject: re: news article concerning photographing in public spaces
>
>
> > One thing I've been wondering is: is it legal to stop somebody from
> > photographing in a public place?
> >
> > --shannon
> >
>
>
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