Response to KM09

I KNOW this is a photography forum, but since KM09 opened the door on Obama and cell phones, I really need to respond.

Obama is not using our cell phones to track us.

Obama is utilizing modern communications to contact his supporters so we can work together to get some decent progress in this country using the 'grass roots' approach.

OK, now back to photography.
 
I think this is spot on, but to a point.

We are all on the doorstep of sweeping changes in our society, we are in some ways, reaching a critical mass. And this is not to say that all is doom and gloom, but the "Greatest Generation" is in retirement and we are left with one heck of a mess in a lot of cases.

So when and if we as photographers of people are befallen with decision making that is in the best interest of all things, rights, laws, privacy, common decency and our beloved pursuit of that great street image, well what position do we take?

Do we always browbeat our rights or do we first put our selves in the shoes of those who would be photographed by us without knowing what is to happen to their image?

I view this as a problem with great opportunity. If we want photography to remain an important study of our times, we have to keep it in mostly good light with sincerity of purpose at the forefront of our reason for carrying it out.

Photographing people is less about photography and more about empathizing and understanding people and that may mean you have to forgo making an image once and awhile, even if it is your right to do so.

This is the year 2010, not 1791, we have to apply this thinking to what we are faced with now, not then. Our first amendment rights are our guiding principals, a mere foundation. But they can not and should not be the only criteria of thought that goes into exercising them, that is just societal common sense.
And where is that line? Such an approach assumes competency and benign intent on the part of those overseeing the restrictions. That is an incorrect assumption, and history is rife with examples of why. Any restriction on communications, other than those that were made with the intent of privacy, will be misused.

The leap from no restriction on public photography to some restriction is a huge one. Once any form of restriction is in place, the next restriction is relatively minor to get pushed through. Then the next one... and the next one...

People are already being photographed every day with security cameras, most of them privately owned. Any problem with that? It is true that such photographs could be misused, but civil courts and hungry lawyers make that an expensive proposition for anyone who would try.

If I'm out in public, I'd prefer not to be photographed, but view the possibility as merely a minor annoyance that's the byproduct of an ironclad civil right that has served my country well for over 200 years.

People are braving bombs to exercise thier vote in emerging democracies. Compared to that, a shot of me picking my nose in public is nothing.
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'Digital is like shaved legs on a man - very smooth and clean but there is something
acutely disconcerting about it.'
 
I just think it is time to make people our number one priority, even above rights that we are most likely got going to lose.
Dan, I get that, too, but what I am saying is, we have to address the abuses, perhaps make it easier to prosecute defamation (I am all for it), not throw away the rights.
Start making them a priority and we will emerge from this impending mess
The impending mess we will have if we take a sledgehammer approach. Do not punish those who approach others in a respectful manner (a vast majority I would say) to stop a few who abuse that privilege.

And as I said to KM, what sanctions do you propose? How are we do discuss anything, if KM refuses to say exactly what he wants to do? Flat out taking the right to photograph in public is not going to work, ever. It is not going to happen. I am sure you can see that.
 
You have not giving out any details for a new law or whatever. You have not explained how it would affect news reporting. You have not defined what "publish" means.

So do us a favor. Write down your new proposal. Who it would affect, what the rules are, clearly and ambiguously.

I'm sure it will turn out like the definition of obscene - I know it when I see it. It's in our head, to each his own, but it's not definable. The bottom line is, if you don't like it, you don't want it done.

Your below definition is not clear, and rather befuddled. Can you defined "publish?" Can you define what usage of the photo there is? Can you define any exceptions? Would it be retroactive? Does it apply to public figures? Sports figures?

No more photography at your local sporting event? No more photographing the local community parade? No more photos at the high school play w/your kid? No more candid yearbook photos? No more photos of crowds? Put away that camera at events from that B-day or retirement party.

But lets carry your proposal a little further. If I don't want myself photographed, I certainly wouldn't want my house photographed. Or my business. Or my car. Suppose you got my license plates in a place I shouldn't be? What would be left to photograph? Maybe a sunset, and some trees in a public park.

Silly? Not really, just a logical extension to an absurd idea.
I presented my idea for a new repeatedly, including back in my original post. Basically, the same law that currently applies to images from which one will derive revenue would also apply to images from which one does not.
 
that may mean you have to forgo making an image once and awhile, even if it is your right to do so.
But that is not what is at stake here. It is not about forgoing an image once in a while. In KM's scenario, street photography would essentially disappear.

As I said in another post, if you want to make prosecution for defamation easier, I will support you all the way. But I will not support an overly broad, sledgehammer approach. If you think it will survive the court scrutiny, I can guarantee you, it won't.
 
We are creative people, so it is time for some proactive creative thinking, don't you think?

I don't have the answers but I am in search of them and doing things to mend our image with people along the way. I am not in support of a sledgehammer approach to fixing it either, but I think it is high time we closely listen to people who are, it is our calling card to address it with an open but sound mind.

Even hearing a little thing like "I care about the people I photograph" before "I cherish my First Amendment Rights" in one's opinion will go a long way in plotting the future of this.

But folks don't quite get that yet....it is about how we think about our rights and pontificate that, not so much what we expect from them.
that may mean you have to forgo making an image once and awhile, even if it is your right to do so.
But that is not what is at stake here. It is not about forgoing an image once in a while. In KM's scenario, street photography would essentially disappear.

As I said in another post, if you want to make prosecution for defamation easier, I will support you all the way. But I will not support an overly broad, sledgehammer approach. If you think it will survive the court scrutiny, I can guarantee you, it won't.
--

'Digital is like shaved legs on a man - very smooth and clean but there is something
acutely disconcerting about it.'
 
First of all, about the past court rulings, remember, courts don't make law, they interpret existing laws. At least that's how it's supposed to be. And, as of now, there is not law curtailing such activity, so those decisions are correct. It's like how at first the Courts ruled that upskirt photography was legal, then the state legislature wrote a law banning it, and THEN the courts ruled in favor of the upskirt victim. That's why I'm advocating for a NEW LAW. What you're doing is like arguing that a new law can't be put in place because no such law is currently put in place. It's a circular argument.
I'm not sure how my words "cripple ... part of photography" became your words "cripple part of society", but never mind...
Yes, I misread that. Sorry. But you still didn't get my point. Crippling photography isn't the issue. Some of you seem to think that if your activities are curtailed, it would have a crippling effect on society. I'm saying that's a bit delusional.
Where do I give you the impression that I have this fear? I have had sufficient positive feedback from strangers as well as non-strangers that personally I'm not worried in the way you think. As far as I'm concerned, I already get verbal or non-verbal consent from most people. However, requiring written consent is a whole different ballgame, and changes the dynamic considerably. And on principle, I simply don't think that freedom of expression should be removed.
There's no other way to say this: I simply don't believe you. I doubt Dan Nikon would either, unless you have some kind of "magic touch," or something. Again, do celebrities love being photographed by the paparazzi and then having that image published? I'm not a celebrity, but that's certainly not what I hear! So, then, you think that celebrities don't like this type of thing, but non-celebrities are fine with it? Let's be real here. You're doing the same exact thing to non-celebrities as the paparazzi do to celebrities. You're work is better/more artistic than theirs? I'm sure it is, but that's not the point. It's the same relationship. I guess one could say that the paparazzi are to celebrities as street photographers are to ordinary people. Anyway, if you're so sure you have their permission, what makes you think they won't put it in writing? What do people have against writing? I would hypothesize that maybe you're not quite as sure of their consent as you claim.
That's a terrible example. It's already covered by the expectation of privacy. Or are you saying that all public places should be treated like the restroom??
I know it's already covered. That's not the point. You can't seem to comprehend how one can be seen by at least one other person in a place which happens to be accessible to everyone (a public place), but still not be able to seen by the whole world. A public restroom is such a place. It's like you think that because anyone CAN be there, it's just like the whole world IS there. That's ridiculous. And no, I don't want everywhere to be like a public restroom. In a public restroom, as far as I know, you can't even take a picture of someone else. Everywhere else, you would just have to get permission. See the difference?
That's what the proposed UK law would do. It's terrible. They're probably going to lose the election.
And you think this issue is why? They're just feeling the wrath of the street photographers?
Yeah, I guess I don't see the widespread abuses that you do, just the paranoia. I'm sorry if in fact you had a bad experience. If not, then maybe you'll tell us what lit the fire under you.
Thanks to Dan Nikon, you've even been SHOWN some of this abuse today, and he's told you about others. Why can't you accept this? Are celebrities just "paranoid" because they don't want to be photographed by the paparazzi? And again, the world "sociopath" is running through my brain. It's like you think the only reason someone would object to this kind of thing is paranoia. You can't seem to relate to most peoples' feelings.

XandXor, you know what? You seem somewhat more reasonable than some people here, but as pointed out in my paragraph about getting permission, I do think you are somewhat in denial, so my conversation with you is getting pointless. I actually don't mean that in a "mean" way. It's just true.
 
I KNOW this is a photography forum, but since KM09 opened the door on Obama and cell phones, I really need to respond.

Obama is not using our cell phones to track us.

Obama is utilizing modern communications to contact his supporters so we can work together to get some decent progress in this country using the 'grass roots' approach.
Wrong. http://news.cnet.com/8301-13578_3-10453214-38.html
 
I don't know where you get this idea. I do think that art is essential for society's survival, and photography is part of that. But crippling some significant part of photography is not the most important thing to me in the world, no.
No, I don't think you want to cripple part of society. I mean that many street photographers seem to think is that society would be crippled without them doing what they do.
Please don't try put words in my mouth, especially when I've made it clear that I disagree with your false dichotomy. I'm very much in favor of privacy rights, and have never said otherwise. All I've said is that I don't want to see the public sphere disappear, and with it, photography in public fora.
Fine. I don't want the public sphere to disappear either -- I just think that there should be reasonable limitations so that BOTH sides can get as close to what they want. And if people are willing to be part of your art, and the publications that comes with it, then you have nothing to worry about. But I just have to wonder if deep down, you worry that many people will NOT give you permission, for whatever reason. If that's the case, that should tell you something. In other words, people want their privacy rights upheld more than they want to be part of your art. And, again, if they DO give you permission, then everyone wins, right? I just don't see why this should be such a problem.
I think what you're asking for is a kind of public anonymity, or something like that, I'm not sure. Otherwise, the idea of "privacy in public" is a contradiction.
I've gone over this so many times! No, all it means is that because you can see it, it doesn't mean that the world world can see it to. I'll use an extreme example again. A public restroom is a public place (hence the name "public restroom"). Yet, people are NOT allowed to take pictures of others using a urinal and post them online for their mother or boss to see! Do you see that as a contradiction? Well, just carry that out to other public places.
A public restroom is a place where people have a reasonable expectation of privacy, go out on the street or park & that is gone like it or not. There is no contratiction.
How exactly do my comments suggest a tendency to sociopathy?
Remember that a sociopath is not some kind of knife-wielding psychopath (actually, some do think the two words are synonymous, but whatever). It's about objectification -- seeing people as tools for their own purposes and not their own lives and circumstances. Now, you see that you show empathy for your subjects and not objectification. Well, good, obviously. But I think that the purest empathy you could show them is the option to not be shown to the world as an "object" of your art if they so choose. And I use the word "object" for a reason, as I think that's essentially what a subject of a photograph is. But I'm not going to get into a deep discussion of the nature of art right now. This has been exhausting enough as it is.
And as for the "assume that people consent" thing, that strikes me as the same kind of mentality that says "look at how much cleavage that girl's showing -- I guess she's consenting to...".
I don't get your comparison, sorry. Please elaborate.
You're taking something as consent whether or not you have any evidence that they do, in fact, personally consent to it.

Look, to wrap up, no one likes to be regulated. I'm sure that the people on Wall Street who are about to come under more regulation aren't thrilled about it either. But sometimes some regulation is necessary to ensure (or, at least, make less probable) that abuses don't take place, and to try to find a solution that works for as many people as possible.
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Brian Schneider

 
Well, Brian, as has been noted today if you read all the posts, some day in the not-too-distant future, people may, in fact, have an expectation of privacy in these places. Like it or not. Then society will finally be protected from creepy sociopaths like you. Get it?

Honestly, you (and a few others here) epitomize the case against street photographers with your "like it or not" attitude, and don't think it's impossible that some day I'll even use your words against you.
 
Yes, tko, I did. I guess you're going to have to do some thread hunting, because I'm not going through it again. Now, true, I never wrote down the law word for word, but that's not really my job. But I've stated all the principles. Lemonchot has helped with this as well. Read some of his posts if necessary.

Basically, though, this "absurd" idea seems to be spreading around the world. Sooner or later, it could come here as well. Wouldn't that suck for you, huh?

As Dan Nikon has noted, society is getting angry. I just happen to be speaking out about it in an unusual place (as I've said before, like advocating gun control at an NRA convention). But there are more of me out there. We're coming...
 
Well, Brian, as has been noted today if you read all the posts, some day in the not-too-distant future, people may, in fact, have an expectation of privacy in these places. Like it or not. Then society will finally be protected from creepy sociopaths like you. Get it?

Honestly, you (and a few others here) epitomize the case against street photographers with your "like it or not" attitude, and don't think it's impossible that some day I'll even use your words against you.
Go ahead & try. Lucky for me I don't live in your country. You have no power you're just a puffed up internet bully.

Here's some street photography of photographers. (many in these pictures are friends)
http://www.flickr.com/photos/klaatu3/sets/72157622903284682/
--
Brian Schneider

 
Oh, you're Canadian, huh? Or "eh," I guess I should say. Good. At least I can sleep a bit better at night knowing that. Kind of strange that you would be referencing Krages, though. I mean, nothing he says benefits you anyway.
Go ahead & try. Lucky for me I don't live in your country. You have no power you're just a puffed up internet bully.
Well, as stated in the beginning, that's exactly what I'm going to do. And it's not just me. As for calling me a "bully," well, I'll just smile and enjoy the irony of charge.
 
I don't have the answers but I am in search of them and doing things to mend our image with people along the way. I am not in support of a sledgehammer approach to fixing it either, but I think it is high time we closely listen to people who are
Unreasonable people do not settle for reasonable solutions. While those who understand the importance of the 1st Amendment can discuss solutions to abuses, those who advocate the sledgehammer approach and the dismantling of our basic rights must be rebuked. The more we engage them in a dialog, the more we legitimize their goals. Unless they feel there is no chance of obtaining those goals (and freedom of speech would be just a beginning), they will not stop. There is no freedom without the 1st Amendment.
 
Oh, you're Canadian, huh? Or "eh," I guess I should say. Good. At least I can sleep a bit better at night knowing that. Kind of strange that you would be referencing Krages, though. I mean, nothing he says benefits you anyway.
Our laws are pretty much the same
Go ahead & try. Lucky for me I don't live in your country. You have no power you're just a puffed up internet bully.
Well, as stated in the beginning, that's exactly what I'm going to do. And it's not just me. As for calling me a "bully," well, I'll just smile and enjoy the irony of charge.
You won't change anything.
--
Brian Schneider

 
And the dialog you are trying to rebuke is protected under the first amendment, agree with it or like or not, every person in this country who is here legally has a right to give that opinion.

I don't agree with everything KM09 is saying, but he represents one of the first people I have encountered on a photo driven site that is only one of many that I have directly encountered who have increasing concerns about what happens to their likeness when it is recorded and distributed without permission on the net.

Every time you reply to my post, it is all about your rights, not how people feel. I am trying to be empathetic to your concerns too, but until you even your own playing field, I feel like I am wasting my time because you just don't get that this is not some History Channel piece waxing poetic about America's founding principals, it is right now and needs to be looked at in terms of right now, not 200+ years ago.

Can you at least see how this is coming across?
I don't have the answers but I am in search of them and doing things to mend our image with people along the way. I am not in support of a sledgehammer approach to fixing it either, but I think it is high time we closely listen to people who are
Unreasonable people do not settle for reasonable solutions. While those who understand the importance of the 1st Amendment can discuss solutions to abuses, those who advocate the sledgehammer approach and the dismantling of our basic rights must be rebuked. The more we engage them in a dialog, the more we legitimize their goals. Unless they feel there is no chance of obtaining those goals (and freedom of speech would be just a beginning), they will not stop. There is no freedom without the 1st Amendment.
--

'Digital is like shaved legs on a man - very smooth and clean but there is something
acutely disconcerting about it.'
 
I noticed that one, too. Kind of a case in point. I guess that shot is supposed to have some kind of profound message embedded in it somewhere. But call me a skeptic.
 

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