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Rights of Photographers v. Rights of Everyone Else and the ethics of it all!

Asher Kelman

OPF Owner/Editor-in-Chief
Obviously a lot of us are thinking about this dilemma, which is usually an ethical rather than a legal one:



From time to time a group of spectacularly dressed and strangely embellished "Goths" have a get-together in the Yorkshire coastal town of Whitby. Every year they attract more and more photographers, both professional and amateur, and lately some photographers have been upsetting both the Goths and the locals by increasingly intrusive photography. In an effort to lay down some principles for courteous behaviour, one pro photographer ("Miss Sadie Batz" who may also be a Goth) has posted these guidelines:

https://www.flickr.com/groups/wgw/discuss/72157651449695900/

I think they represent a sensible balance between capturing good images and not upsetting individuals. Has anyone any logically sound objections to anything Miss Sadie is suggesting?

Martin,

This is not as straightforward as it may first appear. If one intervenes by asking permission, then the situation is no longer natural. Then there's law, private spaces with assigned photographers, good manners and the constant wish not to pose people!

First we must consider there are the officially sanctioned event photographers by the Goth WGW event organizers and these always carry a:


"WGW photographers pass with our photos and our name on it, and are traceable back to the organisers should you have any concerns about our conduct, and you could also pass on your praise as well should you wish :) "



But then the question arises of what local laws are in force? At this Goth event, there may be permission to hold the gathering, but not sufficient authority to tell people what to do with their cameras!

At a horse race track in the USA, likely as not, only a set of chosen photographers are authorized to photograph near the track and especially the use of long lenses is interrupted by anyone else immediately. But they have the legal right to allow or not allow photography at that private site.

When public land is the store of the activity, then different laws apply in different jurisdictions. In the USA, for example, there is no limit, (apart from blocking passage or other definite harassment), in photographing whatever we wish. Not saying it's always a good idea, fair or kind, but that's the law and where personal valued come in.

To me, one does not take pictures of ordinary folk that would humiliate them if published. Also one does not take pictures of children close by without permission of their parents or if one does do that without their knowledge, then show them the picture and offer to send it to them. I give a card. If the parent is upset, I delete the picture. The same applies to pictures of most adults when they object. If they are hostile, I do not delete the pictures. If they are courteous, then I do so immediately and apologize for the intrusion.

Otherwise I photograph what I like.

If there are other photographers shooting a posed celebrity, or musician ant an event, for example, I would shoot only without distracting anyone else and keep in mind that I am lowest in rank as I came last. If, OTOH it was a picture of a major robbery, assignation, heaven forbid, of fire, I'd do anything but be violent to get my own shot, if that's what I wished.

The goth phenomenon and this event are very interesting. The dark unusual garb does distinguished them from the rest of us and provides bonding to otherwise generally isolated and sometimes even depressed individuals. So I support this lifestyle as it may be self-therapy and good for our society.

However, if they put on a display I'm a public place, why do I have to ask permission if my intention is to photograph them in natural behavior, without them posing. I am not their publicity team!

Folk in the public are available for everyone to engage according to the law. I show compassion. When I spot a movie start jogging or in a restaurant, I don't start snapping away. I try to respect their privacy. However, at a public gala or opening, then it's fair game.

Biut for the Goths, they are in delusion thinking that they deserve a special set of manners. After all, in street photography there can be no posing or else it's a form of portraiture and totally different.

In spite of this, I try to not be rude or a source of upset for folk. I would tend to use a longer lens or one with more pixels and step back from the throngs.

But ask permission? Almost never - only if I want to photograph a family, a child or want a special background.

Asher
 
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