Archived posting to the Leica Users Group, 2013/05/26

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Subject: [Leica] a photographer sued
From: ric at cartersxrd.net (RicCarter)
Date: Sun, 26 May 2013 13:24:06 -0400
References: <17179467.1369583424656.JavaMail.root@mswamui-swiss.atl.sa.earthlink.net> <51A238A4.4080900@gmail.com> <D57DCE7E12AD4B86ABF8A2B92A435AE8@billHP>

see them

<http://arnesvenson.com/theneighbors.html>

ric

.
On May 26, 2013, at 1:08 PM, "Bill Pearce" <billcpearce at cox.net> wrote:

> I am conflicted by this project. Some of the samples I have seen on the 
> net interest me, and I would certainly hang them in my home. It seems to 
> be the logical extension of the seventies photographers that shot 
> "landscapes" that attempted to show the banality of American life, a thing 
> that I recognised but didn't want to see reinforced. So I like some of the 
> results but don't like the concept. Ugh!
> 
> -----Original Message----- From: Michael Russ
> Sent: Sunday, May 26, 2013 11:30 AM
> To: Leica Users Group
> Subject: Re: [Leica] a photographer sued
> 
> I'm conflicted by this.  On the one hand, his project seems creepy, but
> only because the subjects weren't asked to participate.  I have not seen
> the pictures to determine if they would interest me if I had known the
> subjects had been asked to be photographed rather than been photographed
> unknowingly.  Also, has he really invaded their privacy if they leave
> their curtains open for anyone to see into their homes?  Privacy is
> something you have to create for yourself through the use of barriers,
> and if you willfully drop your barriers, can you complain of the
> results?  After all, he did not physically set foot in their homes.
> Violation of social mores against doing such things is another matter
> and possibly not legally actionable.
> 
> Just musing, but would there be more of a problem for the photographer
> if the subjects had taped signs to their windows stating that taking
> pictures in their homes was forbidden?  Would this also work for people
> walking down the street who don't want street photographers taking
> pictures of them (admittedly, this is stretching the concept a bit, but
> when hasn't the law not stretched itself by accident . . .)
> 
> I think the more interesting outcome may involve what the photographer
> could do with the images without model releases, since the photographs
> were not taken in public spaces.  I have never quite fully understood
> the fine details of the distinction between editorial and commercial
> uses of a person's image.  Since the photographer is selling pictures of
> the subjects but not using the subjects to sell other things, perhaps it
> doesn't matter that the subjects didn't consent to their photographs
> being taken, and he can sell the pictures without model releases.
> 
> Mike
> 
> 
> On 5/26/13 11:50 AM, Montie wrote:
>> This individual is in for a hard ride IMO...no effort to get permission
>> or a release, invades their pivacy, documents the invasion, then attempts
>> to use the results for personal gain? Geez...maybe worse than voyeruism.
>> Guess it depends on how identifiable the subjects are.  I would have
>> gone for silhouettes!  :-)
>> 
>> Montie
>> 
>>>> I was actually quite surprised a gallery agreed to represent and sell 
>>>> what
>> seems to be the work of a Peeping Tom at best, a voyeur at worst. At any
>> rate, some definitive case law should come out of it, which should clarify
>> the dos and donts for the future.
>> Cheers
>> Jayanand
>> 
>> 
>> _______________________________________________
>> Leica Users Group.
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>> 
> 
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In reply to: Message from montoid at earthlink.net (Montie) ([Leica] a photographer sued)
Message from michael.t.russ at gmail.com (Michael Russ) ([Leica] a photographer sued)
Message from billcpearce at cox.net (Bill Pearce) ([Leica] a photographer sued)