STREET PHOTOGRAPHY
AND ITS PUBLIC AND PRIVACY ISSUES
A Research Paper Presented to
Mr. Dustin Celestino of The English Resource Center
Asia Pacific College
Magallanes, Makati
In Partial Fulfillment
Of the Requirements for the Course
RESWRIT-Research Writing
Romar De Guzman
February 2013
Chapter 1
INTRODUCTION
A. Background of the study
Street photography is a popular art form. However, there are no guidelines with regards to how street photographers should behave. The techniques used in taking photographs by street photographers are very instinctual or strategic because street photographers know that they may offend their human subject. Most guidelines that can get as close to how street photographers behave is how street photographers should take the photo. These guidelines are written only by street photographers, not by any government agencies. (http://erickimphotography.com/blog/2011/05/how-to-become-an-invisible-street-photographer/ )
The natural beauty of public places encourages street photographers to shoot more and more photos. Eric Kim, a blogger and a famous street photographer, stated his reason why he shoots street photography; his reason, “The beauty in the mundane”. On the other hand, people in the public do not have any encouragement to be taken photos by random people. But they are not suppose to complain aggressively, No one should expect privacy in a public place. (http://erickimphotography.com/blog/2012/11/why-do-you-shoot-street-photography/)
A protest against banning street photography happened on the United Kingdom, Oliver Laurent was the author of an article about this protest. The protesters wrote letters, made videos, and of course photographed themselves out of the banning of street photography. Events like these should be fairly protested against and supported with complete respect and knowledge of law. As one can learn from the article Oliver laurent wrote, it was obvious that they wanted a peaceful end to this contradiction. [ http://www.bjp-online.com/british-journal-of-photography/news/2047154/photographers-gather-protest-public-photography-restrictions ].
Another article related to the banning of street photographers in the UK was about the home office and the British Security Industry Association publishing a new set of guidelines for security guards. Stated in the article that A photographer cannot be stopped when taking pictures in public. A few guidelines were related to the rights as a street photographer. [ http://www.bjp-online.com/british-journal-of-photography/news/2123186/-security-guards-prevent-street-photography-home-office ]
In the Philippines, Laws against street photography do not exist. There are no legally written guidelines and/or restriction in taking photos in public from the government. However, there are strict rules in taking photographs of the Malacañang Palace, which is very understandable. In some malls, mild restrictions are practiced but reasons are not very well stated. Some photographers just empathize and assume that it was about copy rights of some stores. (http://www.digitalphotographer.com.ph/forum/showthread.php?23538-Photography-Law-in-Philippines)
In spite of all the complaints of people about street photographers and the manner of taking pictures, some still manage to continue and still be motivated to work. When outside and in public, there are no legal ways to attack or to sue a street photographer unless there is harassment involved between the two. Street photographers also know that they should be either be friendly or invisible to their subject. However, security guards still apprehend street photographers and keep the area safe as if they were criminals. Irritating it may be but street photographers are also considered public people, therefore they are also affected of what may and what may not happen in public.
Aside from tackling different topics about street photographers and the people of the public’s complaint about some, this research will focus on the characteristics that street photography have that the public has concerns
B. Statement of the problem
This study aims to answer the question:
1. What are the characteristics that street photography have that the public has concerns
C. Significance of the study
Amateur Street photographers. This research would provide information about their rights. The knowledge that they would acquire with the help of this research would improve their abilities to produce photographs. An amateur photographer knows how to shoot but probably in a unplanned manner. usually they give their subject an awkward feeling , thus leading into a conflict .
Beginner Street photographers. This research would let them know about what not to do and what to do properly in a given situation. The research may also encourage them in taking street photography because they would know that there are rights and they wouldn't be afraid in taking photos in public.
Citizens/People in public places. Knowledge of what street photographers may or may not do could be very helpful but may also encourage insecurity. The people would be able to understand and reconsider street photography because of what it can do to the society.
D. Scope and Delimitation
The research focuses on the issues regarding privacy such as voyeurism and other related acts within street photography. It will discuss how this has transformed street photography and the some laws and/or rights of a photographer.
The research would discuss mainly on street photography and the problems with public. As the research goes on, it will slowly progress into a deeper study. Unlocking the information on how did the rights as a photographer evolve and how street photography has change the eyes of a few (if not most) photographers. The research would provide help among the beginner and the amateur photographers, it may also include some professionals if they aren't used to taking street photographs.
F. Materials and methods
This research would depend on some websites , people's reactions and stories, and blogs of well known street photographers. If not taken from magazines or tabloids, The internet may be the only source of this research.
This research will start off by introducing photography and then street photography, then slowly progressing into answering the statement of the problem. In between the research, breaking down the topic and discussing each will be helpful for the audience for an easy understanding of the research.
E. Definition of Terms
Voyeurism: a perversion in which a person receives sexual gratification from seeing the genitalia of others or witnessing others' sexual behavior.
Amateur: n. A person who engages in a pursuit, esp. a sport, on an unpaid basis
adj. Engaging or engaged in without payment; nonprofessional
Beginner: A person just starting to learn a skill or take part in an activity.
Chapter 2
DISCUSSION
What are the characteristics that street photography have that the public has concerns?
The Nature of Street photography.
In the past years during street photography is getting popular, it s getting hard to define what street photography is. Eric Kim, An International street photographer, wrote a blog about what street photography is, and of course it’s definition. He wrote:
"There is not one definition which defines street photography. Depending on who you ask or where you find your information, you will come upon conflicting responses. Some street photographers will say that it is about capturing the emotion and expressions of people, while others may put a higher emphasis on the urban environment.."
(http://erickimphotography.com/blog/about/what-is-street-photography/)
Many street photographers would agree that it is very hard to define what street photography is. At the end of Eric Kim’s blog post, he simplified the idea of what street photography is , he wrote:
“Simply put, the main focus of street photography is taking the everyday and the mundane and making it into something unique and beautiful.”
(http://erickimphotography.com/blog/about/what-is-street-photography/)
Now that the idea of street photography was given, how should a street photography look like? Most would say it should be candid, which means that a street photographer cannot ask for permission to take a photo of a person. There is a little discussion or debate (as some may say) on Eric Kim’s blog about the difference of street photography and street portraiture in which Eric is trying to differ one from another. He wrote:
“When I think of street portraiture, I would say that it is included under the general category of street photography–but it is its own sub-sect. Therefore the two are not mutually exclusive. Furthermore, I would further categorize street portraiture in two sections as well: posed vs candid.”
(http://erickimphotography.com/blog/2011/03/street-portraits-vs-street-photography-whats-the-difference/)
Though street portraiture is different from street photography, it still falls in the same category because the said idea of street photography is still practiced. Eric Kim also stated that street photography should be done in candid, meaning, a street photographer does not have to ask permission for a photograph from the subject, unlike street portraiture. Eric Wrote:
“If I could define street photography, I would define it as the act of taking photos of people in public urban areas in a candid manner. This means that when it comes to street photography, you don’t ask your subjects to pose for you.”
(http://erickimphotography.com/blog/2011/03/street-portraits-vs-street-photography-whats-the-difference/)
Now, with or without the permission of the person being photographed, it is street photography. However, because of this idea, it may become an issue sometimes. When the person being photographed notices the street photographer, he or she may complain about his or her privacy. To fully understand what privacy is, here is couple of definitions.
Here is one from cyberlawcentre.org :
“Privacy may be defined as the claim of individuals, groups or institutions to determine when, how and to what extent information about them is communicated to others (Westin AF, Privacy and Freedom New York: Atheneum, 1967, page 7).
"Privacy is your right to control what happens with personal information about you.”
(http://www.cyberlawcentre.org/genl0231/privacy.htm)
Here is another from Santa Clara University :
“Privacy has many meanings. The most general is freedom from interference or intrusion, the right "to be let alone," a formulation cited by Louis Brandeis and Samuel Warren in their groundbreaking 1890”
(http://www.scu.edu/ethics/practicing/focusareas/technology/internet/privacy/what-is-privacy.html)
No one should expect privacy in a public place. Even if they were expecting and they call on the police, there is no law that prevents photography in a public place. Street photographers obviously know about this kind of issues, some actually act as if they were shooting someone or something else just so it would not be too obvious.
Thomas Leuthard was asked how he manages a situation when he feels that he has disturbed his subject. He stated :
“Somehow you are always a disturbance when you are approaching people with your camera. You may be able to pretend to shoot something else. You may can hide in the masses of people. Sometime people really don’t see you, but most often they do. So take your shot and don’t hang around. The more you look at someone, the more questions come up”
(http://121clicks.com/interviews/interview-with-street-photographer-thomas-leuthard)
However, when approached by a law enforcer, a street photographer must know his rights. This proves that a street photographer taking photographs in a public place is not doing anything wrong. The Following statements are from the ACLU (America Civil Liberty Union) :
“Taking photographs of things that are plainly visible from public spaces is a constitutional right – and that includes federal buildings, transportation facilities, and police and other government officials carrying out their duties.”
(http://www.aclu.org/free-speech/know-your-rights-photographers)
There are rights to support street photography, therefore it is not illegal nor a violation of one’s privacy. It is merely an art form that includes the candid moments of the everyday life of people. One may complain about the disturbances that a street photographer made, but there are no law to prevent street photography.
THE PUBLIC’S CONCERN.
In the modern years, there are many situations where people consider some acts as street photography. One for example is surveillance is considered street photography according to Sean O’hagan. He wrote:
“In one way, then, we are all street photographers now, but we are also the most-photographed and filmed global population ever. In Britain, our city centres and public buildings are monitored 24/7 by surveillance cameras, while security cameras track us in car parks, supermarkets, football stadiums, hotels and as we enter and leave our places of work.”
(http://www.guardian.co.uk/artanddesign/2010/apr/18/street-photography-privacy-surveillance)
The art of street photography does not actually violate any privacy, but for example sake that it does violate some sort of privacy, Surveillance violates a different kind. However, surveillance has a benefit in return which is safety. There may be some people who uses street photography as an excuse to hide the act of voyeurism. A statement from allengeorge.com that explains how some people uses street photography to voyeur. It states:
“Notice how the photos remind you of paparazzi shots: how, close-cropped, they exclude everything but their central subject; how the long lens flattens perspective and blurs surroundings, excluding context altogether; how you can feel the distance, the women as specimens. To me, this can never be street photography”
(http://www.allengeorge.com/2008/06/09/street-photography-is-not-voyeurism/)
Agreed that it is most certainly not street photography, but when a person is equipped with a camera and points it at a person, he or she may easily say that he is a street photographer. Giving voyeurism a description would be difficult, for it has many levels of intensities. Nonetheless, it is still voyeurism. According to google, voyeurism means:
“a perversion in which a person receives sexual gratification from seeing the genitalia of others or witnessing others' sexual behavior”
But of course, this is not street photography. BUT some may use street photography as an excuse which is a concern with regards to the public who is unknowing of this act. Privacy does not only involve a person’s sexual organs, it also involves personal information. Again, as cyberlawcentre.org stated :
“Privacy may be defined as the claim of individuals, groups or institutions to determine when, how and to what extent information about them is communicated to others (Westin AF, Privacy and Freedom New York: Atheneum, 1967, page 7).
Privacy is your right to control what happens with personal information about you.”
(http://www.cyberlawcentre.org/genl0231/privacy.htm)
Therefore, a person pretending to be a street photographer or a surveillance camera may not only target what is hidden beneath one’s clothes, but also target the facial identity, the ID card around the neck, or even the person’s home address.
Chapter 3
SUMMARY, CONCLUSIONS
AND RECOMMENDATIONS
SUMMARY
This research attempts to identify the characteristics that street photography have that concerns the public. The procedure of this research uses articles from multiple articles written by different photographers. The research findings are the following:
1. Street photographer may or may not include human subjects in their photograph. They still acknowledge privacy concerns with their subject whether it is a building, a person, or a landscape.
2. There are no such laws to prevent street photography but there may be specific guidelines from establishments because they are already considered private property wherein street photography may not be performed.
3. Violation of privacy may not only come from people with cameras but also from places like dressing rooms and restrooms at private places because of security and safety reasons.
4. Street photographers give considerations when their human subjects want their photo to be deleted. But it is still up to the photographer for there is no obligation for a photographer to delete photographs when approached by anyone asking for such deletion.
CONCLUSIONS
Based on the information collected by the research, the following conclusions are made:
1. Most reasons that issues of street photography start are because of privacy concerns, there are only a few that is related on how a photo was taken.
2. A photographer may disturb it’s human subject when there is no knowledge of how to act or to react to the environment. Thus, creating an issue between the photographer and the person being photographed.
3. A photographer may approach a person to take a photo but the person may decline.
4. Street photographers are not the only people that may violate one’s privacy.
RECOMMENDATIONS
After the research has been made and the conclusion has been stated, the researcher hereby makes the following suggestions/recommendations:
1. A photographer must analyze or pre-judge it’s human subject before taking the photograph, The person may not want to be photographed or the photographer may be in a private place.
2. The photographer must understand the subject’s situation or reason for complaining to avoid issues or quarreling.
3. Future researchers may design a new work flow or research method to add more specific and concrete ideas on how to take photographs. Future researchers may also target the public and use the information gathered for the sake of safety and peace.
REFERENCES
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