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Thread: Photographing the homeless...

  1. #31
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    Re: Photographing the homeless...

    A point that I made earlier that I would like to revisit is the notion of the photo being defined by the homelessness of the subject.

    Many claim that street photography is what it is, and these people are in public and therefore subject to be photographed. I agree, and I think most would. What calls the issue into question is whether the picture is defined by the homelessness. This is the case when the photographer is trying to impress others with his sensitivity to the plight of the homeless, or when the photographer is making photos according to what seems to be a fad of photographing people when they are unhappy. It is the case when the photographer hopes to make a photo that will be seen as relevant, so as to impress judges in a photo contest. It is the case when a photographer is trying to impress his boss or future boss (within his portfolio) with his street photography skills. It is the case when trying to manipulate the guilt of gallery viewers. There are other scenarios where the photographer is purposely seeking a homeless subject, but these provide a few examples.

    In these cases, each photographer has a moral obligation to examine his motives and intentions, and then make a decision that is morally defensible. One test of that motive being defensible is that when the photographer's motives are challenged, he has an articulate and well-considered response. To me, asserting that scenes are the street are in the public domain, so get stuffed, (however politely worded) does not rise to that standard.

    There are many, many examples where the subject's demeanor and appearance reveals a range of effects of and responses to the human condition, and these are the best reasons to photograph people in different situations than our own. But I can find no justification for identifying such subjects as being homeless, and photos that portray them as obviously homeless (such as in their cardboard refrigerator box on the grate in the Washington Mall), aren't pictures of their humanity but rather more like pictures of animals at the zoo. It takes a very clear and thoughtful sense of morality to navigate those situations, it seems to me. Those that might have the verbal caption, "Look at that homeless bum in the cardboard box" aren't much better than photos of aboriginal people engaging in what seem to us primitive customs with the caption, "Look at those naked savages."

    When I see a photo of a person that does NOT demonstrate that he or she is homeless, then why identify them as such? Without providing a name or a means of response, the argument that it is done for their benefit seems hollow.

    Dorothea Lange documenting scenes for the government presents a special case. One is that the people in those scenes should 1.) know who she is working for, 2.) know what the purpose of her photography is, and 3.) have some expectation that the photographs depict their actual condition. Migrant Mother may fail on all three counts, based on the complaints of the subject and her descendants. The subject in question complained that the photograph presented them as being in a different situation than they actually were, and that Lange manipulated the pose to one reflecting pain and suffering against the character of the people involved. That is, of course, only one side of the story and we'll never know it completely. But it seems to me that documentary photos for the government or the media have a special obligation to present things as they are, and not to further any stated or unstated agenda.

    Photojournalism is another special case, but there are plenty of moral pitfalls to be avoided there, too. Those ethics get debated ad infinitum, but I don't think they usually apply in cases where photographers who are not photojournalists are pretending to be as a hobby of for their own selfish motives.

    What is legal is not the same thing as what is moral, though I don't think the latter needs to be dictated by anyone in authority. That doesn't mean the morality of it cannot be argued, however, using the arts of persuasion.

    I once learned this the hard way. While in college, I was using a borrowed medium-format camera of high quality to go out and make pictures that I hoped to enter in a photo contest. I was in Houston, and driving around the Houston Ship Channel looking for industrial subjects (one doesn't have to look hard there, at least in the days before security concerns). One plant's workers were on strike, and there were picketers at the gate. I asked them if I could photograph them, and made a picture of a union picketer standing next to his son of perhaps 11 or 12, who was holding the sign. As I was going back to the car, several union fellows drove up in a hurry, and demanded to know who I was making pictures for. I was already in the driver's seat, and didn't like the look of them, and being a college-student-idiot I shouted "the paper" and drove off. I received a call the next day from a person who refused to identify himself asking which paper I was photographing for. They had clearly found a way to identify me from my vehicle plates, and that startled me quite a lot. But it also demonstrated to me why it is so important to know your motives and lay them out honestly and completely. Fact is, I didn't think the truth was good enough, and that should have been ringing moral bells in my conscience.

    Rick "thinking the word 'homeless' in the caption or image title is often what causes the problem" Denney

  2. #32
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    Re: Photographing the homeless...

    Quote Originally Posted by Denis Pleic View Post
    Was this homeless person asked a permission to publish his photo?
    [...]
    3) Did that person sign a model release?
    I bet the original poster wouldn't post a photo of an obviously well-to-do businessman with a briefcase on an Internet photo forum without him signing the model release. Otherwise there's a good chance that the hypothetic businessman will find out about it sooner or later and sue the bejesus out of the original poster....
    Such a lawsuit would be immediately dismissed in the US. Independently from ethical considerations, in the US no permission, and no model releases are necessary for non-commercial uses of such a photograph. Note that a photograph's use becomes commercial not merely from earning money (and even lots of it) but from endorsing a product or service. In particular Nussenzweig v. DiCorcia (http://en.wikipedia.org/wiki/Nussenzweig_v._DiCorcia) has recently established a case precedent that no model release is necessary for fine art photography.

  3. #33

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    Re: Photographing the homeless...

    Rick,

    As someone who does a good deal of street photography, and who consequently has read a good deal of both well-considered and ill-considered comments on this subject, your last post strikes me as far and away the best brief analysis that I have seen.

    QT, the actual legal point, apart from the fact that the legalities are irrelevant to the discussion, is that the person who started this thread had the consent of the subject.

    End of story, except in the commercial realm, by which I include paid documentary work, where you are as a practical matter wrong - publishers, and especially film distributors in the case of movies, don't give a damn about Federal Court caselaw. They take their marching orders from their insurers, who aren't interested in being drawn into this debate in the absence of a definitive ruling from the Supreme Court, which doesn't exist. In the filmmaking realm, an assurance by the filmmaker that there was oral consent is not sufficient; the producers want to see it in writing, or recorded in the case of a film in the footage, or at least posted on a sign in big letters on a wall where the person is filmed (I'm not kidding about that).

    Interstingly, the US is the country where this stuff gets litigated. Off the top of my head, I can think of at least one feature film by Eric Rhomer that contains footage that appears to have been shot in a public place (a major intersection in Paris) where the people crossing the street are pretty obviously just there/passersby/caught in the shot. There isn't a hope in hell that this would make the final cut of an American feature film. In fact, it wouldn't be shot in the first place, not even by filmmakers who are cutting the corners, such as the people who made Sidewalks of New York (see the extras on the DVD).

    When it comes to street photography as it is traditionally understood (photographer shooting without the knowledge, let alone consent, of the subject), I don't know of any case in any country where the photographer has been held liable. But it is not necessarily the same thing when the photographer and the subject get into a discussion that leads to a photograph.

    There are endless discussions about the legalities on this and other sites. If this discussion has any merit, it is that it has avoided descending to that level.
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  4. #34

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    Re: Photographing the homeless...

    * compassion *

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    Re: Photographing the homeless...

    Hasn't compassion resulted in some of history's greatest atrocities? It's maybe not the best guide to behaviour.
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  6. #36

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    Re: Photographing the homeless...

    WTF are you referring to r.e.?

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    Re: Photographing the homeless...

    Quote Originally Posted by Mike1234 View Post
    WTF are you referring to r.e.?
    I don't think that it's a controversial observation.
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  8. #38

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    Re: Photographing the homeless...

    I'm simply asking you for more specificity, r.e.

  9. #39

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    Re: Photographing the homeless...

    I disagree with most of the points raised.

    Of course the photo is a portrait.

    Homeless, or apparently homeless people, don't own their airspace. Taking a photo is not an invasion of privacy, nor is it extracting the subject's soul.

    Almost all homeless people in the US who live on the street do so by choice. Taking a photo of one of them, especially for a "tip", is not immoral or lacking compassion.

    Worrying about a model release is about the same as worrying about tax evasion for the $1 income that the subject is not reporting to the IRS.

  10. #40

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    Re: Photographing the homeless...

    Quote Originally Posted by Mike1234 View Post
    I'm simply asking you for more specificity, r.e.
    "WTF are you referring to" does not exactly equal "I'm simply asking you for more specificity".

    Is this a revelation to you? The exploitation of, and indeed atrocities committed against, people in a weak position, in the name of compassion, is not exactly a new phenomenon. If compassion is a sufficient/successful guide to behaviour, then there's no need for ethics, is there. Which of course is a view that has from time to time been held, with not very pretty results.
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