Q: Isn’t it illegal for you to take someone’s photograph without their knowledge or consent?
Not at all. In most westernised countries its perfectly legal, provided that the photograph is taken within the public domain. Applicable laws generally allow you to photograph anyone and anything you can see in public, which even extends to the premises of private property visible from within public space. Exceptions apply to federal; military; and law enforcement agencies in most cases.
Q: And it’s also legal for you to publish, exhibit or sell photographs of a person without their knowledge or consent?
Indeed. For the most part commercial advertising is the only use of a photograph which requires consent, usually in the form of a Model Release. There are of course legalities against certain uses or acts that quantify to defamation of character; libel; sexual harassment etc., each of which I frown upon and would never engage in myself.
Q: Has anyone ever objected to you taking their photograph in public?
Yes, on many occasions. But ironically, in my experience each and every person who objected was actually under the false impression that I took their photograph, or intended to. In most cases my subjects are completely unaware that I’ve taken their photograph, prompting no objection. At the same time, my actions are very obvious to onlookers who often approach me to express their discontent with what I’m doing, or to warn me not to take their photograph.
These FAQ’s and others similar in nature prompted me to raise this discussion on privacy versus the freedom of artistic expression as it applies to street photography. As I literally do this on a daily basis, I thought it interesting to share my opinion as the Artist Perspective on the matter and listen back to your views.
Short, sweet and simply put, my argument is that an individual’s so-called privacy (in public) through their own life-span — weighed against the timeless historicizing of human ecology, does not even begin to tip the scales. Need I say more? — What’s your take on it?
Have a look at the documentary “Bill Cunningham New York”. Bill spends pretty much all day, every day cycling the streets of New York photographing people, or more accurately, what they’re wearing. His pictures end up in the fashion pages of the NYT so there are a lot of “usual suspects” that he comes across repeatedly and they never object but there are plenty of people who do.
Personally, I would love to have some control over how I am represented in someone else’s art, but then, even as an actor and occasional model (who gets paid to appear in other people’s recorded images), I don’t have that! I just have trust that I am dealing with professionals who have respect for the person as well as their own art. I guess people in the street just don’t feel they can trust a total stranger…
Dear Kevin,
Thank you for your comment. Yea, I’ve actually seen that documentary and it’s a good reference. NYC has certainly bred many highly acclaimed Street Photographers – another similar to Cunningham is The Sartorialist (Scott Schuman) – named one of the biggest influences on fashion by Vogue Magazine. The citywide practice continues to grow – and is probably more popular than ‘budgie smuggling’ here in Sydney, to put it into perspective.
You’ve definitely raised a good point – the trust factor. In New York, the general public is very accustomed to street photography and for the most part understand it’s perfectly legal – But, on the other hand some folks find it very disrespectful or suspicious to be photographed by a complete stranger in public. I think this is a valid concern for people to have and which they naturally should -– as you never know – someone could in fact be taking your photograph with wrongful purposes in mind. In any event, this hasn’t been an issue for me in NY as my subjects are mostly completely unaware – while onlooking New Yorkers tend not to be bothered.
I find it’s a different story in Sydney though. With only a handful of habitual street photographers and few galleries dedicated to the art of photography – the general public seems less aware of the laws around it. Excluding the legal professionals I work with as a Paralegal, I oddly find about 95% of ‘Sydney-Siders’ I discuss this with are under the false impression it’s illegal to photograph someone without consent – in Australia. This has definitely been reflected in people’s reaction to me on the street here – which I’ll touch on in more detail at some point in Tales of a Sniper.
Kind regards,
The Sniper