Rights: Yours vs. Mine

16 Sep

I took the image above yesterday around 6:30pm. Unassuming, anonymous and stepping out of my apartment building in downtown Brooklyn to a comfortable fall evening.

The question that emerges here is this: should I have asked this man for his permission in shooting him as the subject of my photograph? As a vendor in a public space, albeit his work space, I consciously waited for his head to turn before closing the shutter. I didn’t want his face to appear in the image; I didn’t want to ask his permission for a photograph. I wanted to shoot the image at that moment and in as natural a setting as possible. It was my desire for him to remain unguarded. Some may say I was wrong – I should’ve asked for his permission. Seeing he is the subject, he has the right to express his dis/approval for my actions. In theory, I agree, respect and consideration should and do enter the equation. However, it’s a public space and while I don’t intend on using the image for publication purposes, does exercising my rights as a hobbyist photographer trump his when shooting a casual picture? Is this a matter of intent? On the flip side of the coin, some may argue that by asking for permission you’re losing a quality of the image that can only be captured “in the moment.” Stopping to speak to him renders a studio-like scene for the subject(s) which may have its advantages depending on your objective. If I chose to publish this image in a professional manner or caption the photo with a misleading/debasing statement, I understand that qualifies as a reason to request his permission vs. just innocuous portraiture but where my understanding becomes blurred is in the decision – to ask or not to ask.

I know there is discourse on humanitarian photography concerning how images are used, particularly of those in conflict or crisis situations. The topic is sensitive and one that I’m sure endures unending discussion/debate.  But could you argue that for any image you take of any person in public requires the permission of the subject? Is this reasonable? We could go around in circles about the ethics of photography for hours…

Where though, do we draw the line as photographers?

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3 Responses to “Rights: Yours vs. Mine”

  1. thebobster 2010/09/16 at 14:43 #

    It’s a public street. I don’t think you needed to ask permission, especially since his face is not revealed here.

    I think the question you are really asking is “Do I respect this man enough to try to capture his image, and then show it to people?”

    And I think that the fact that you have done so, and then asked this question is indicative of what is obvious: Yes, you DO respect him, and that’s WHY you took the picture. He might not understand that if you told him, though.

    If you had asked him first, he would have faced the camera, shown his teeth and changed his posture. It might have been a better photo. We’ll never know.

    The picture you took was true. Did you want to say something with this picture? Then, that truth is yours, and you don’t have to ask permission to say it.

    • celtwitnes 2010/09/20 at 15:52 #

      Yes, that fact continuously enters my mind – it is a public street.

      And you’re right, I do respect him. If he requested I delete the photo I would’ve, possibly disgruntled based on the aforementioned, but out of respect it’s only fair.

      I guess this raises another point, if someone were against their photo being taken, where is the line drawn when it comes to writing about them? It’s different yet still utilizing a public voice we all own.

      In a world that is either too PC or not censored enough, discussions like this, I think, will never see a conclusion. There is a good and bad side to such discourse.

  2. International forum 2010/09/16 at 23:42 #

    you are really careful in action, pal. Your modesty is admirable. I hope this writing will be useful for society. many thanks you had share here.

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