Archived posting to the Leica Users Group, 1999/09/19

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Subject: Re: [Leica] What I did today
From: "Anthony Atkielski" <anthony@atkielski.com>
Date: Sun, 19 Sep 1999 16:49:19 +0200

From: sam <salex@idt.net>
Sent: Sunday, September 19, 1999 15:22
Subject: [Leica] What I did today


> Lucky for you her husband wasn't there (she obviously
> DID NOT want you to photograph her kid) - . . .you'd
> may have found out how your f***ing Leica tastes as
> well as feels!

Lucky for her and her kids, too, since a husband who commits assault and/or
battery is likely to be spending some time in prison, leaving only one parent
for the children.

Taking photographs of someone in a public place is generally unrestricted,
albeit of questionable etiquette in some situations.  If a person persistently
objects and you take his picture anyway, he _might_ have a claim against you,
and it _might_ be considered assault or battery, in extreme cases.  But I don't
know of any justification for attacking a person and/or using deadly force or
destroying property just because you object to being photographed in a public
place.  I know that, here in France, this is never defensible in court.

Invasions of privacy are usually only valid in circumstances where privacy is a
reasonable expectation, such as in someone's backyard.  Additionally, if the
subject clearly sees you taking pictures and does not object, one can argue that
he has waived his expectation of privacy, even on private property.

Of course, I am not a lawyer, and this is not legal advice.

I think it is rude to photograph someone who clearly does not wish to be
photographed.  However, I also think that a lot of people object to photographs
unnecessarily.  Just what are they worried about, anyway?

There is also a tendency to assume that the more elaborate the equipment, the
more sinister the intent of the photographer--this is where a Leica becomes
invaluable, since nobody thinks of it as a professional camera that might be
used by serious photographers (even though Leicas are hardly used by anyone
_but_ serious photographers, many of whom _are_ professional!).

Since I live in a touristy town, I get photographed constantly, because there
are always tourists and monuments in the vicinity.  I never object, even if the
camera is pointed right at me at close range.  If they want my ugly face ruining
their photos, that's their choice.  I suppose if someone followed me with a
motor drive I'd feel uneasy, but the mere fact that someone is taking a picture
of me doesn't mean that he's a psycho or an evil paparazzo or anything.  I think
people get these negative impressions from watching too much TV.

Anyway, getting back on topic, one reason why I decided to invest in Leica
equipment (as a supplement to my Nikon stuff) is precisely this one.  Leicas
just aren't noticed (except by photo freaks), and people don't object to them.
I spent several hours at the Louvre on Friday taking pictures, and nobody ever
seemed the least bit worried about me; whereas, if I do the same with the F5,
people tend to stare, or they scamper out of the frame, or they frown--in short,
they _notice_.  A lot of photos are just impossible to get if people notice you.

I keep hoping that someday they'll invent an invisibility cloak for cameras and
photographers; it will open up many possibilities for really nice and truly
candid photography.

  -- Anthony