Re: Shooting people in stereo (strangers)

[P3D Larry Berlin <lberlin@xxxxxxxxx>]

>Date: Fri, 24 Jan 1997 14:11:51 -0500 (EST)
>From: P3D Dr. George A. Themelis writes: 
......................
>Most people would think that going to the trouble to ask is not a good
>sign.  That's why they tend to refuse, while there is no reason to worry
>about it. Why make things complicated when all you need is pictures for
>personal use???   Slide competitions for me is part of the same "personal
>use".  I do not see how I am harming anyone by sharing these pictures.

********  I can't imagine slide competitions being considered as personal
usage!!! That is a form of public usage. Especially so if you send the slide
(separate from yourself) to somewhere for that participation. All this
discussion of the value of slides pertains to this issue as well. If the
slides have value, then the persons featured in it are participating in that
value. Public use without permission, while not necessarily an abuse,
certainly seems to be treading on potential trouble.

One of the uses of competetition is to elevate one's own value as a
photographer whether or not the slides in question are actively sold. The
reality is that many won't mind but some will. Among the few who will mind
are the ones that will give you 90% of the trouble. The idea of being
protected on copyright issues isn't being protected from the many who don't
care but from the few who do. Like buying insurance, it's safer to have
signed agreements for *any* public usage.

>
>So, I am not going to even ask.  If I get the indication that the person
>does not want to be photographed, I am not going to take their picture. 
>But I will not ask so they can tell me "no" for no good reason.  They want
>to sue me for the "big bucks" that I don't have?  Let them do it!!!  As I
>said, this is only one of the many risks we take by just being alive. 

*****  They do have the right to refuse your picture taking and/or the
public usage of that image! That's the point of asking. Since a stereo
camera easily elicits conversation with significant interest, it seems it
should be very easy to be professional and ask for written permission. If
someone wanted to sue, the courts don't first determine whether or not you
can afford it. You may not have money but I'll bet a successful suit could
obtain your camera equipment as part of a settlement. I suspect that has a
pretty high value from your point of view. At the least worth a bit of
friendly conversation.

>.......... The way I see it, it is more likely that I get hit by lighting
>while I take their picture than being sued and having to pay for doing so.

*****  There exist individuals who have been hit by lightning more than once!

It's easier to get signed permission the same time and day which you take
the images than trying to figure out who they are and get signed permission
later on when you decide the image is just the best example of whatever and
deserves to be used. The saddest possibility is that some years later you
put together a published book and can't use your best shots in it because
you don't have signed agreements with the subjects. This is a more likely
drawback than being sued by persons who don't want their picture taken.

Just like the value of historical photos, you may not realize it's value in
the instant of taking the picture. It pays sometimes to be prepared.

Larry Berlin

Email: lberlin@xxxxxxxxx
http://www.sonic.net/~lberlin/
http://3dzine.simplenet.com/


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