90 ImageEt

Frededck Wiseman. Fitm Library

' Austin: University of Texas Press'

itÎürit ä"""t' Masier's Thesis' uni-

ilm Tn¡th'" Satü¿tãY ßevíew' 9 SeP'

loralions: 15 Interviews with Film-

ent: A Stutt| in Decísionmaking in

aø Bonks, anìl

and Structure'"

New York: Praeger'

The Ethics of Docu-

ity Fitm Associalion

15-34'in Film

' SocietY

of Fieldwork"'

an on Film and

ì

\

Access and Consent

in Public PhotogrtPhY

Framed as aû asPect of photographic practice,-the issue of consent in

nublic ohotography occurs at tñe iuncture of at leâst two sets of contin-

;;;*1 the ñrsiiícludes features of social interaction between photlg-

:;;.; *d th.i, subjects, and the second, organizational constraints

;il;;g photographió work-for exanple, those imposed by the dM-

sion of iá6or in-tt"*tpoptt production' In the discussion of consent that

;;li;;r i concentrate oi the first, social interaction in photographic en-

,à*tttt, drawing from research on the strategies both amateur and

piofessión¿ photãgraphers use to take Pictures of people unknown to

ihem in public places.lfte'studv was based on a conception of photographing as Patterned

, social interaótion among photographers, subjects and oft-camera par-

i-d"ñ; i;;*ttcular seïogs, ãnd of photographs as products of-this

liotËt*tioo ivhose meaningãepends in part on its assessment' More-

hover. while all ohotosraDhlc bèhavior is conventional to some degree,

Ën ouUri" "o"ouitrtr"b.ttueen

photographers and subjects unknown to

Ëaci other. oicture-takins is adãpted to the broader setting' in contrast to

Efotti"t- åï "vents

orga;ized around photographic imperatives' amorig

Gem studio portrait õssions and presi conferences' This adaptive per-

Gti"" i-ofio ilt o.t¿ to contextualize a description of photographic

Etn';""1*::,iÏîJ,'J:1"ïi:ì:H;î..iH"ï:::"J":iJlï;

LISA HENDERSON

the behavioral move ot set of moves a pheto get the picture he or she wants' "Strategy"

needn't imPly Premeditation or even consciousness of these analytically

áirtio"t.ón'äatthemomerütt"ît,:tå,Tï'#l"',"Jj'rü:"ii:ËåXor their Pictures are threat-

frequent fhough not required

here.

more general set of constraints uP

featurãs of the subject and of the

pher,tionsor avjustify particular interactional aDDr

and informal concePuons of Privâóy photograptrers hold'

Consent

do subjects consent to? To have

use.d ii some waY? While Photo-

es, consent strategies are framed in

sustain access (and in some cases

The rule of thumb is to ofter u

one's conduct as might b

moments, in others fortween consent to take

sent to use, is tYPicallY

I1 consent to take

photograPhers get access

ãral level, theY do so bY

"normal aPPearances"'

lmøge ElhicsPholographing in Publíc Places: Access and Consent 93

T¡ Relations in Publíc (197L), Goftman outlines eight "territories¡ of the self'to which we stake claims in our social lives, These terri-' tories include: , such as the-

atre seats and e of apparentinstn¡mental need; turns, that is, the order in which goods of some kindare received; pheath of skin and clothing; possessional teritory ("per-

, _so.g-¡Ù.gq!gÐ; infgrmation preserve, "that set of facts about himself towhich an individual expects to control acces while in the presence ofothers"; and conversation preserve, controlling when and by whom the

ests of a particular type of photograph, photographers attempt tomaintai¡ "normal appearances."

sound to continue with the activity at hand with only peripheral at-

In Goftman's terms, "normal appearances mean that it is safe and

_tention given to checking up on the stability of the environment"

¡(1971:239). Importantly, such appearances may be real or contrived,¡eflecting either a stable situation or a predator's successful attempt to¡onceal from his prey his threatening intentions. Only rarely, however,

such an extreme model represent the circumstance between pho-

thE minor threat he may pose or the curiosity he may arouse, and willgld¡ess himself in advance to the task of learning what is unexceptionalfol the setting, then engage in photography in ihatever form ôr with

Lhatevet approach will ût. Maintaining normal appearances is a be-pauoral fact attended to by people in their everyday lives quite apart

and their subjects. Typically, the photographer is aware of

from activities as specific as photographing; to varying degrees we

ão¡to. ourselves oid oth"tt ill the time with or without a camera

rmal appearances needn't inply lhe pho-I- ""Tii"-.#:ä":ü:1iJ:äfiiïåïi:

oresent but of no concern' Thus

àeclaration of his Presence and

\¡/ithin tlp normal aPPearances' tiì.ã.t'ã"i"g what is conventio there'

.q-1;-^li'a-;it"*t continuum and declaration, il.in;

Deafancepopular e PhotograPhers neither

- hide nor of ther imminent subjec-

õ-' tivitt; they are simPlY there'

Access and Practice in Public Places:

Settings, Subiects, and Shategies

= " does notof the en'

of behaviors dePending on the tYP'e

tion' What follows then is a descrip-

antl subjects that make a difference

to how photographers take pictures in public places'

Settìngs

Photographing in public places: Access and Consent 95

The distinction between .,front,, and ,.back,, regions derives from atheatrical metaphor Goffman u:., 19-

assign role,"fun"tioo, urrJ-rtug"places to social actors in day-to_day life,

ï:fft: gear in the front regions and back regions; rhe au_olel1 -appears

only in the front region, and the outiide¡s are ex_cluded from both regions (1959:145).

96Image Ethics

Photographìng in Public Places: Access and Consent 97

through a variety of verbal or non-verbal means, generally declaringher intentions and not making any moves she feels would substantiateher subject's fear. In situations where the threat can't be anticipated,where she fails to anticipate it, or where it's ignored, a photographermay discover herself embroiled in that ra¡e instance of non-complianceand be forced to restore the equilibrium or leave. If the picture is worthit, sbe may persist, depending on her sense of the likeþ consequences.

A scolding is tolerable, being shot at isn't, though the forms of non-

compliance are routineþ more subtle than such consequences suggest.

Subjects

No group of people is categorically oft-limits or of no interest to pho-tographers. Still, a shifting set of characteristics among subjects invitephotographers to take pictures in some instances, intimidate them inothers, and modify their practice in most. The most salient among these

characteristics are age, race, sex, apparent social class, situational mo-

bility, engagement in instrumental activities, solitude or grouP mem-bership, and role relation to the setting (e.g. as visitor, employee,

passerby, performer, or victim).A frequently photographed subject group (especially for amateurs)

is made up of front-stage participants in a variety of formal and in-formal outdoor performances. Street musicians, parade marchers,craftspeople demonstrating their work, dancers, acrobats, and drillteam members are familiar examples. Taking pictures of peformers,photographers are usually among other spectators, making their pres-

ence and attention unexceptional and in many cases a welcome and

flattering sign of appreciation. But even without a stationa¡y audi-encs-for example, in the case of the street musician who plays for

nceo ltrat r w4ù wurN¡rÞ

äiîä"i-,rra, g'oup, ãnd I just didn't

ir,i:,ï"T:Jlìff ,îrîå""r:î'-"#:.'r"'J'T'H:Ëil;'þi*iï;.ä;bil;urity if not their personal ideltitl' !considered on .,ou.tourc Ii :;i"ít;ü;J"fi"eá'.Î'reats to security

ïå$rËï",3''frT1?'Ë'årifrtFîätq"#:'#rti*r4'twith normal aPPearance

ey from passers-by-a person's engagement in focused activityr Characterized

cupy the highend of an access continuum which diminishes as a subject's activitybecomes less focused or more personal. This isn't to say that peoplewho fall at the other end aren't photographed, but rather that difierentcotlsequences are anticipated or difierent strategies employed, for ex-rample, using a telephoto lens. However, such an approach also dependson whether the subject is alone or with a group.

f Th" photographers I interviewed describe photographing people

$Puttic places as a form of "singling out" that sometimes requires anation or justifcation, especially when it is clear to an individual

that he or she is being isolated by the lens and when it's not aPParent

that he or she has special status in the setting (for example, as per-

former). But this too varies depending on the nature of the location'At well-populated festivities, few restrictions are felt to exist even when

singling out individuals. If the territory is uncrowded and the activitymore private, care is required to avoid alarming subjects.

The situation is tempered further if the person is mobile, either

walking, running, or riding a bicycle. Under these circumstances pho-

tographers anticipate that people are less likely to notice them, less

likely to be sure they were the ones being photographed, and less likelyto interrupt their course in any event.

Demographically, normal appearances (and thus access) are sus-

tained most smoothly when photographers work among people whose

status or cha¡acteristics they share, particularly in settings that a¡e

racially, economically, or generationalþ segregated. (Photographing

children is an exception. Children are thought to be less self-conscious

economic status is difierènt fröm the established community's. This is

how photographers approach äs residents, they often Prevent photog'raphers (p_qrticutarly amateq¡glJrom even considering that setting itr

the first place, depending o¡¡þat and how much they know or believe

about the place through experienèe or hearsay.

Strategies

Image Ethics

asslgnment.

otographer's work is almost never

Photographing in publíc places: Access and Corcent

The emphasis grven to long-term projects by the photographers I inter'viewed iets up an initial point of access I call the entry point. Where

enEy to a setting is controlled (for example, by invitation, member'

ship, or price of admission), a photographer has to get in before access

to individuals becomes an issue.

provides a photographer with both Parisage and a Personal

In some cases entry is made through a symPathetic contact

99

I bought a Leica winder for ¡itd";,,.h";ìilïä"ä#,i:iiäï"1å:äTîff "Tï;lr"j

;iÏi,",,*¿:;:;:';,ltl;*lL:::1,:ï,Xy, jiinnlfïî:*,

r. rmmediately realized rhe ru,ili,y ot. .yrr.l-lïe"il"üor,wr,"t l,r,corng, because I nanr to be abte'ro photõ'."ph *idä".T"nd, ,io*r socialize with them all the time, my way of getting closer. So I have

Ê.

ü

100 Imøge Ethics

to hold a beer. Or a cigarette. My way to get close to them is I go upand say hey, can I have a cigarette? Okay. I smoke the cigarette andtake their picture.

In still other instances, photographers render their activity as un-alarrring as possible by remaining within a conventional role, in turn

photographìng in public places: Access and Consent l0l

lO2 Image Elhics

directed towa¡d them' At that moment, the Photographer can shift aim

and expose.

Reeigt¿nce,'Nhen photographers encounter resistance (any move on the

hand, they may attemPt toouences remain to be faced.

.þn.tt undertake "remedial

shoots first and asks later, are

However, more labor-intensive

the issue is access; Photogra-

phers must judge whether co-oPeratrc is required and' if it is' what-kind

of account is needed to continue'The most efficient communicative mode for remedial work is talk

atd the kinds of remedial talk P

the exposure'Tlie flatterY in this ex

move where it follows a

second in a series of two or more

orocess of remedial exchange'

äppeal for access, and in this

i*::":11b"ï:î :ry rhose made ea¡lier. However, more specificeraDorauve talk extends an initial explanation by offering firther1Í:ll ":1^".T" the ph:tographer's mótivation -ã purpor". For ex_

iPj:-1,i,":Tfaper photographer I interviewed apprõacùed riders onlî:_Íli::,p-asubway by introducing herself as abaity ptanet stafÍeryo:T:nq ona subway story and explaining what it was about the sub_

lilrf,^T::,1l,Ch: l"t ele:.At rlat point, she followed any resistancewrln an emÞellished description of the attractive feature, be it how thechildren's red plastic traini looked great against ttrJr navy coats, orT:^jh:.9_:-llî.an holding his babilookeà'pleasantþ catm amid thecnaos ot rush-hour. In turn, she followed these elaborations with an_otherpermission request and the photograph was rarely denied,

.wha1 is being elaborated upon ií ft,"r" .*urnil., is the initialexplanation- Photographers explain themsetues in oiãer to assure sub_Jects that their motives are honest, benign, or exciting (witness thegj".r¡1._: îf_.1*tng

one's picture publishe,l=in a high_circîlation daily).tn the.subway examples, the elaborated explanatlons serve in part,íotone down the minor threat of singling out. th"y account fór whya subject was chosen in the frst placã-A f,rç himävercome any mildsuspicionhe-might experience ãbout his selàction. ihi. .* also beac:9mprs.9:_9 by describing the subject as a member of a class of:Tl,l,i Ì J:Ii ,ntrgtoc;1p_tri1g

shoppers"¡ or by displacing accounr-

l:t-"J l:l.T: choice.(',My boss told me ro," .,ri's a ichooiproject,,).such lnstitutional affiliations (work, school) are also carcd upon íojustify a photographer's actions under scrutiny,

An important issue relevant to aU typ;s of remedial talk is thepotential jor photographers to fabricaíJ tn.i. explanations. SomePnotographers make up stories as a way_ of getting around lengthytruths they feel would bì meaningless to ,it¡."ti, in elcf,ang" for terseand,effective. deceptions. They beñeve thut ur'too! ul

"o f,.r. will come

li*:_r:li:"s as a resultbf the photograprr,"itb okay to teü them:1,u,:]:r.,:o./ seem to want to hea¡ based on who they appear to be

i1"^.t:I11 _.p,!l.l:*ions ar€ expressed. From these phoiographers

l^sï:i:::i:: ,hu: l!r? considered thei¡ work and theii pnoíogiapnsru De rnnocent and their subjects' suspicions unreasonable^. aga--in it e

'dö]ì'ånöi'î1,i"J:î"iöiiJ:,::":i::*l**;:.:",#ao.Fupn.n usualty don'r persist. Though ;h";g.õ;.rs on the run$ji":l::, despitã a mildirown or lefr-to-right nod of the head, those

#:,:i, to get pennission after an elabo¡atéd attempt rareþ take the

Phologtaphing in Pubtìc places: Access ønd Consent lO3

104

Conclusion: Photography and Privacy

Image Ethics Photographing in Public Places: Access and Consent 105

create- a record of private behavior that subjects would probabty findundesirable or that might violate cultural norms, Even if there is'noth-ing apparently grievous or embarrassing about the situation, it may denypaficipants the chaûce to present themselves to the camera in their.,besllight," according to prevailing standards of representation.

However, it is part of a profesional photogapher's socialization to

to protect the public except against invasive abuses as they are com-mercially defined. Importantly, however, it is not only the ..abusive"

and in-depth,ting the tradi-I 983 ).

106 Image Ethics

in the An'

ColoPhon'York: An'

Hende¡ il",i"îÌ:t""i,liïî^:"::1""ï"nr"ttr"'.ìof PennsYlvania'