Archived posting to the Leica Users Group, 1998/12/04

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Subject: Re: [Leica] Photographing people in public
From: Andre Jean Quintal <quia250249@yahoo.com>
Date: Fri, 4 Dec 1998 16:24:18 -0500

Here's one "flip side situation" for the "street photography" record:

	In a weekly local newspaper, last month,
	they put up "punk" "Charlie", 21 years old,
	rather long hair, British style hat (those "round"
	things, like Abbott & Costello ), photogenic young man,
	bare chested, making a grin and a "fuck U",
	conventional angle, about 8 " x 10 "  B&W, front page
	with real heavy negative text and title
	that no more no less imply that "Charlie"
	is a do-nothing worthless bum "typical"
	of the de-motivated drop-out "rising generation"
	... in Quebec even,
	(with "our" Supreme Court of Canada
	jurisprudence that spells out an "either / or"
	written release prior to publication or face
	serious invasion of privacy damages suits
	with a favorable "slant" towards the plaintiff ) ,
	of all places .

	Fact is, "Charlie" is a kind, helpful, non-violent fellow
	who is VERY sick with an epileptic condition,
	all "punk" that he may be or "look like",
	not all that "welfare type person" they portrayed him as,
	"like those other downtown punks" . . .

	His medical condition could take his life the next moment . . .
	as he told me some time back ( i'm writing about punk
	society, values, world views, etc ... ), and he is
	currently under medical supervision and medication [ ! ] .

	Everybody was talking about the real heavy
	article and "Charlie" is not all that happy
	about the situation that makes him appear
	FAR worse than he really is, even if he most
	definitely is not and never will be a Hugo Boss
	or Tommy Hilfiger person, as far as i can
	understand, and stuck on welfare because he simply
	can't work with such a "high risk" health condition.

	Just the fact that he "fuck U" the photographer
	on the published photograph
	is explicit enough that a "release" never would have
	happened ! And no one would ever doubt the photographer most
	definitely was NOT welcome to "click it" ! Quite obvious.

	To be true, i informed him about the Supreme Court
	jurisprudence now applicable as law in Quebec,
	and gave him a general backgrounder on his Civil Law
	rights (Quebec is a Civil Law country versus
	Common Law for the remainder of Canada (and USA, UK),
	a "carry-over" from our pre-1756 French ancestry,
	with complex legal issues that make numerous differences
	for people who live in Quebec, a good place to be ).

	"Charlie" has a year from date of publication
	of the ridiculous issue to "do something about it",
	as his "personal image" and self-esteem suffer greatly from
	the real scorching text. ( It may even be two years,
	i'd have to confirm. )

	Seems to me there are morons, a photographer, an editor,
	and newspaper owner, who may be in for a major
	awakening to the fact you just don't destroy
	people's reputations this way, even if it was
	"only" to use a "typical" out-of-work youth
	for "graphic" purposes or to facilitate higher
	circulation and sales volumes . . .
	I hope, for them, they have real solid Civil Responsibility
	insurance and bonds . This is one that's going to
	make a major media $plash, 100 % guaranteed .
	"Charlie" is not really all that legally cognizant
	but quite easily could have succeeded College
	or a technical course. Money is NOT a priority
	for him but he's not THAT dumb, either !
	Quite the contrary, all told : one witty punk !

	I can just imagine the defendants' attornies
	having to P-R-O-V-E "Charlie" is INDEED what the
	texts generalized about, including the acid captions
	under the "hot" photo and "how come" such a
	graphic photo "surfaced" without a publication
	release.

	May i propose that, for photographers, minimal
	mutual respect would seem appropriate,
	even if the subject looks exactly like what one's
	prejudices are related to, fixated upon .

	That's another dimension to this whole
	"street photography" topic :  r-e-s-p-e-c-t  !
	Even "self-respect" for the would be "pro" !

	Andre Jean Quintal