Archived posting to the Leica Users Group, 1999/09/20
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]Anthony, I live in Belgium. As you are well aware, we have had some terrible cases of child abductions, sexual abuse and murder here over the past couple of yours. In this environment, it is entirely understable that parents might become uneasy about a stranger photographing their children without permission. I can assure you that if you chose to exercise your perceived right to do so just because they are in a public place, and if a parent then took your Leica and smashed it on the ground, the authorities here would come down on the side of the parent and not the photographer. And frankly, I agree with it. If someone acts as an asshole and loses his equipment or gets punched in the face as a result, he is only getting what he deserves. I have actually photographed other people's children in various public settings, but only after talking to the parents and explaining who I am and why I want to take pictures. I find that having my own children with me greatly helps in this situation and reassures the parents. Nathan Anthony Atkielski wrote: > Lucky for her and her kids, too, since a husband who commits assault and/or > battery is likely to be spending some time in prison, leaving only one parent > for the children. > > Taking photographs of someone in a public place is generally unrestricted, > albeit of questionable etiquette in some situations. If a person persistently > objects and you take his picture anyway, he _might_ have a claim against you, > and it _might_ be considered assault or battery, in extreme cases. But I don't > know of any justification for attacking a person and/or using deadly force or > destroying property just because you object to being photographed in a public > place. I know that, here in France, this is never defensible in court. > > Invasions of privacy are usually only valid in circumstances where privacy is a > reasonable expectation, such as in someone's backyard. Additionally, if the > subject clearly sees you taking pictures and does not object, one can argue that > he has waived his expectation of privacy, even on private property. > > Of course, I am not a lawyer, and this is not legal advice. > > I think it is rude to photograph someone who clearly does not wish to be > photographed. However, I also think that a lot of people object to photographs > unnecessarily. Just what are they worried about, anyway? > > There is also a tendency to assume that the more elaborate the equipment, the > more sinister the intent of the photographer--this is where a Leica becomes > invaluable, since nobody thinks of it as a professional camera that might be > used by serious photographers (even though Leicas are hardly used by anyone > _but_ serious photographers, many of whom _are_ professional!). > > Since I live in a touristy town, I get photographed constantly, because there > are always tourists and monuments in the vicinity. I never object, even if the > camera is pointed right at me at close range. If they want my ugly face ruining > their photos, that's their choice. I suppose if someone followed me with a > motor drive I'd feel uneasy, but the mere fact that someone is taking a picture > of me doesn't mean that he's a psycho or an evil paparazzo or anything. I think > people get these negative impressions from watching too much TV. > > Anyway, getting back on topic, one reason why I decided to invest in Leica > equipment (as a supplement to my Nikon stuff) is precisely this one. Leicas > just aren't noticed (except by photo freaks), and people don't object to them. > I spent several hours at the Louvre on Friday taking pictures, and nobody ever > seemed the least bit worried about me; whereas, if I do the same with the F5, > people tend to stare, or they scamper out of the frame, or they frown--in short, > they _notice_. A lot of photos are just impossible to get if people notice you. > > I keep hoping that someday they'll invent an invisibility cloak for cameras and > photographers; it will open up many possibilities for really nice and truly > candid photography. > > -- Anthony - -- Nathan Wajsman Overijse, Belgium General photo site: http://members.tripod.com/belgiangator/ Belgium photo site: http://members.xoom.com/wajsman/ Motorcycle site: http://www.geocities.com/MotorCity/Downs/1704/