Archived posting to the Leica Users Group, 2002/05/30
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]Hello Nathan, >Hi Howard, > >In general, as far as I know in most jurisdictions there is no legal >prohibition against photographing strangers in public places. Hence, >the issues are moral and practical, and it is in that vein that I >address your two examples. I _think_ , at least in Germany, it is not as simple as that with taking a photograph of a stranger in a public place. If you want to take a picture showing just the stranger, then that is a no-go if the stranger does not want to be photographed. Public place or not. He holds the right to pictures of him. If he is part of a street scene like a demonstration, then what you photograph is Zeitgeschichte (history of the moment) and not primarily him, and nobody can legally prevent you from taking photos in that situation. There may be illegal means to prevent you though...... (I recently discussed this with a high ranking police officer waiting for a demonstration to pass by.) > >> Here are two real examples. One day when walking back to >>the office from the film lab, I happened upon a mason striking the >> mortar between the bricks. Since I had a Leica around my neck, I >>thought This is a perfect opportunity to try to catch some >> decisive moments. So I asked him if I could take his picture. He >>gave me an unequivocal No. > >In this case I think that you did right in asking, since the guy was >probably not going away right then and there, and by having his >permission you would be free to move around him while he worked, >getting closer, choosing the best angle etc., all of which would >give you >a better picture than just a quick snap. The fact that he said NO is >just bad luck. > >> Last week while waiting for the subway, I saw a young >>couple embracing/borderline making out. It would have been a great >> picture. However, had I asked them (I didn't, since all the >>cameras were at home), and even if they'd said OK, I think the mood >> would have disappeared. > >In this situation asking is simply not practical, and I just snap >away. Sometimes one or both of the couple become aware of it, but I >have >never experienced any hostility in such situations. As you say, it >would be kind of weird to interrupt a kissing couple with, "Would you >mind if I take some pictures? Just ignore me, please carry on...". I generally obtain permission before taking photographs. That does not mean I go up to the person and introduce myself and formally ask for permission. I just catch the person's eye, making sure he sees I have a camera, smile, and if I get a smile back, then everything is OK. I have two recent cases with kissing couples (with permission). If there is one situation where the subjects forget the photographer, then that is kissing couples. Or they were not really in love. > >The guiding principle should be common sense. If you walk into a >bikers bar with lots of big guys wearing gang logos on their backs, >it is >probably not wise to start taking pictures, unless you have been >frequenting the bar for months and the people know you. (I either ride an 18 speed Koga Miyata or a 28 year old BMW 75/6, none of which are popular amongst ..... big guys wearing gang logos on their backs. Please advise what to do.) >But a kissing >couple on a subway station is fair game. Clearly when you are on >public transport there is no expectation of privacy. But Nathan, you surprise me. This is private property. This makes the situation even more complicated. Even more after 11th Sept. Get at least the couple's OK >Nathan Chris - -- Christer Almqvist D 20255 Hamburg and / or F 50590 Regnéville sur Mer - -- To unsubscribe, see http://mejac.palo-alto.ca.us/leica-users/unsub.html