90

ImageEt

Access and Consent

Fitm Library Frededck Wiseman.

in Public PhotogrtPhY
LISA HENDERSON

' Austin: University Thesis' uniitrit """t' Masier's

ilm Tnth'" loralions:

of Texas Press'

SattY

evew' 9 SeP'

15

Interviews

with Filmissue of consent in Framed as a asPect of photographic practice,-the continnublic ohotography occurs at te iuncture of at lest two sets of photlgbetween interaction social of features the rsiicludes th.i, subjects, and the second, organizational constraints photographi work-for exanple, those imposed by the dMof consent that sion of i6or in-tt"*tpoptt production' In the discussion photographic enin interaction social first, the oi concentrate i ;;li;;r ,*tttt, drawing from research on the strategies both amateur and to piofessin photgraphers use to take Pictures of people unknown

ent:
\

Stutt|

in

Decsionmaking in

Bonks, anl

and Structure'"

New York: Praeger' The Ethics of Docu-

;;;*1 :;;.; *d ;il;;g

ity Fitm

Associalion

15-34'

in
'

Film
,

SocietY

parsocial interation among photographers, subjects and oft-camera seogs, nd of photographs as products of-this Moreliott*tioo ivhose meaningepends in part on its assessment' hover. while all ohotosraDhlc bhavior is conventional to some degree,

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

i-d"; i;;*ttcular
n ouUri"

photographers and subjects unknown to

"o"ouitrtr"b.ttueen aci other. oicture-takins is adpted to the broader setting' in contrast to

of Fieldwork"'
an on Film
and

Efotti"tGem

Gti"" i-ofio ilt

"vents ssions and presi conferences' This adaptive perstudio portrait

orga;ized around photographic imperatives' amorig

o.t to contextualize

a description of photographic

Etn';""1*::,iJ,'J:1"i::H;..iH":::"J":iJl;
the behavioral move ot set of moves a phe to get the picture he or she wants' "Strategy"

lmge Elhics
consciousness of these analytically needn't imPly Premeditation or even

Pholographing in Publc Places: Access and

Consent

93

irtio"t.n'atthemomertt"t,:t,T'#l"',"Jj'r:"ii:X

frequent fhough not required

here.

or their Pictures are threat-

more general set of constraints uP featurs of the subject and of the pher, tions

tories include: , such as theatre seats and e of apparent instnmental need; turns, that is, the order in which goods of some kind are received; pheath of skin and clothing; possessional teritory ("per, _so.g-.gq!g; infgrmation preserve, "that set of facts about himself to which an individual expects to control acces while in the presence of others"; and conversation preserve, controlling when and by whom the

T Relations in Publc (197L), Goftman outlines eight "territories of the self'to which we stake claims in our social lives, These terri-

'

or

av
aDDr

justify particular interactional

photograptrers hold' and informal concePuons of Privy

Consent

do subjects consent to? To have use.d ii some waY? While Photoes, 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

of a particular type of photograph, photographers attempt to maintai "normal appearances." In Goftman's terms, "normal appearances mean that it is safe and sound to continue with the activity at hand with only peripheral at_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,
ests

moments, in others for tween consent to take sent to use, is tYPicallY I1 consent to take photograPhers get access

ral level, theY do so bY "normal aPPearances"'

such an extreme model represent the circumstance between phoand their subjects. Typically, the photographer is aware of thE minor threat he may pose or the curiosity he may arouse, and will gldess himself in advance to the task of learning what is unexceptional fol the setting, then engage in photography in ihatever form r with Lhatevet approach will t. Maintaining normal appearances is a bepauoral fact attended to by people in their everyday lives quite apart

Photographing in public places: Access and

Consent

95

degrees we from activities as specific as photographing; to varying a camera without or with oto. ourselves oid oth"tt the time

ill

I' ti..t'"i"g -' popular hide nor

tivitt; they
what is

rmal appearances needn't inply lhe pho-

oresent but of no concern' Thus

""Tii"-.#:"::1iJ:fiii:
there' and declaration,

eclaration of his Presence and \/ithin tlp normal aPPearances

The distinction between .,front,, and ,.back,, regions derives from a theatrical metaphor Goffman u:., assign role,"fun"tioo, urrJ-rtug" 19places to social actors in day-to_day life,

.q-1;-^li'a-;it"*t Deafance

continuum

conventio

il.in;

:fft: olel1

gear in the front regions

-appears

e PhotograPhers neither

cluded from both regions (1959:145).

only in the front region, and the outiides are

and back regions; rhe

au_ ex_

of ther imminent subjec-

are simPlY there'

Access and Practice in Public Places:

Settings, Subiects, and Shategies

"

does not

of the en' of behaviors dePending on the tYP'e tion' What follows then is a descripantl subjects that make a difference
to how photographers take pictures in public places'

Settngs

96

Image Ethics

Photographng in Public Places: Access and

Consent

97

through a variety of verbal or non-verbal means, generally declaring her intentions and not making any moves she feels would substantiate her subject's fear. In situations where the threat can't be anticipated, where she fails to anticipate it, or where it's ignored, a photographer may discover herself embroiled in that rae instance of non-compliance and be forced to restore the equilibrium or leave. If the picture is worth it, sbe may persist, depending on her sense of the like consequences. A scolding is tolerable, being shot at isn't, though the forms of noncompliance are routine more subtle than such consequences suggest. Subjects No group of people is categorically oft-limits or of no interest to photographers. Still, a shifting set of characteristics among subjects invite photographers to take pictures in some instances, intimidate them in others, and modify their practice in most. The most salient among these characteristics are age, race, sex, apparent social class, situational mobility, engagement in instrumental activities, solitude or grouP membership, 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 informal outdoor performances. Street musicians, parade marchers, craftspeople demonstrating their work, dancers, acrobats, and drill team members are familiar examples. Taking pictures of peformers, photographers are usually among other spectators, making their presence and attention unexceptional and in many cases a welcome and flattering sign of appreciation. But even without a stationay audiencs-for example, in the case of the street musician who plays for ey from passers-by-a person's engagement in focused activity

nceo ltrat

r w4 wurNr
g'oup,

Characterized

i"i-,rra,

nd I

just didn't

ir,i:,"T:Jlffif ,r""r:'-"#:.'r"'J'T'H:il;'i*i not their personal ideltitl' !

;.;bil;urity
with normal
considered on .,ou.tourc

cupy the high end of an access continuum which diminishes as a subject's activity becomes less focused or more personal. This isn't to say that people who fall at the other end aren't photographed, but rather that difierent cotlsequences are anticipated or difierent strategies employed, for exrample, using a telephoto lens. However, such an approach also depends on whether the subject is alone or with a group.

Ii :;i"t;;J"fi"e'.'reats

to security

$r",3''frT1?''rifrtFtq"#:'#rti*r4't
aPPearance

Th" photographers I interviewed describe photographing people $Puttic places as a form of "singling out" that sometimes requires an ation or justifcation, especially when it is clear to an individual

Image Ethics

Photographing in publc places: Access and Corcent

99

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 performer). 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 activity more 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 photographers anticipate that people are less likely to notice them, less likely to be sure they were the ones being photographed, and less likely to interrupt their course in any event. Demographically, normal appearances (and thus access) are sustained most smoothly when photographers work among people whose status or chaacteristics they share, particularly in settings that ae racially, economically, or generational segregated. (Photographing children is an exception. Children are thought to be less self-conscious

asslgnment.

economic status is difiernt frm the established community's. This is

otographer's work is almost never

how photographers approach s residents, they often Prevent photog' raphers (p_qrticutarly amateqglJrom even considering that setting itr the first place, depending oat and how much they know or believe
about the place through experiene or hearsay.

Strategies 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. In some cases entry is made through a symPathetic contact provides a photographer with both Parisage and a Personal
a Leica winder for itd";,,.h";il"#,i:ii"1:Tff

I bought

r.

because I nanr to be abte'ro phot'."ph *id".T"nd, r socialize with them all the time, my way of getting closer. So

corng,

;ii,",,*:;:;:';,ltl;*lL:::1,:,Xy, rmmediately realized rhe ru,ili,y ot.

"T;lr"j jiinnlf:*,
I

.yrr.l-le"il"or,wr,"t l,r,

,io*
have

100
to hold
a beer.

Imge Ethics

photographng

Or a cigarette. My way to get close to them is

and say hey, can I have a cigarette? Okay. take their picture.

in public places: Access and

go up

Consent

l0l

smoke the cigarette and

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

lO2
directed towad them' and expose.

Image Elhics

Phologtaphing in Pubtc places: Access nd

Consent

lO3

At that moment, the Photographer can shift aim

made ealier. However, i*::":11b": :ry rhose talk extends an initial explanation
eraDorauve

more specific
ex_

(any move on the Reeigtnce,'Nhen photographers encounter resistance

hand, they may attemPt to ouences remain to be faced.

.n.tt

undertake "remedial

of the attractive feature, be it how the children's red plastic traini looked great against ttrJr navy coats, or holding his babilooke'pleasant catm amid the T:^jh:.9_:-ll.an cnaos ot rush-hour. In turn, she followed these elaborations
otherpermission request and the photograph was rarely denied,
shoots first and asks later, are

appraced riders on iPj:-1,i,":Tfaper by introducing herself as abaity ptanet stafer l:_li::,p-asubway yo: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 resistance wrln an emellished description

ph:tographer's mtivation 1:ll ":1^".T" thephotographer I interviewed -

by offering firther
purpor". For

with

an_

However, more labor-intensive the issue is access; Photograis' what phers must judge whether co-oPeratrc is required and' if it -kind of account is needed to continue' work is talk The most efficient communicative mode for remedial

atd the kinds of remedial talk

in oier to assure sub_ that their motives are honest, benign, or exciting (witness the gj".r1._: f_.1*tng one's picture publishe,l=in a high_circlation daily). tn the.subway examples, the elaborated explanatlons serve in part,o tone down the minor threat of singling out. th"y account fr why a subject was chosen in the frst plac-A f,r himvercome any mild suspicionhe-might experience bout his selction. ihi. .* also be ac:9mprs.9:_9 by describing the subject as a member of a class of
Jects boss told me ro," l:t-"Jlnstitutional l:l.T: choice.(',My such affiliations

explanation- Photographers explain themsetues

is being elaborated upon .wha1

i ft,"r" .*urnil., is the initial

:Tl,l,i

J:Ii

,ntrgtoc;1p_tri1g

justify

potential

An important issue relevant to aU typ;s of remedial talk is the

photographer's actions under scrutiny,

shoppers" or by displacing accounr.,ri's a ichooiproject,,). (work, school) are also carcd upon o

jor

photographers

the exposure'

want to hea based on who they appear to be ar expressed. From these phoiographers i1"^.t:I11 _.p,!l.l:*ions ,hu: considered thei work and theii pnoogiapns l!r? subjects' ru De rnnocent and their suspicions unreasonable^. aga--in it e

li*:_r:li:"s
:1,u,:]:r.,:o./

Pnotographers make up stories as a way_ of getting around lengthy truths they feel would b meaningless to ,it."ti, in elcf,ang" for terse and,effective. deceptions. They beeve thut ur'too! ul f,.r. will come as a resultbf the photograprr,"itb "o okay to te them
seem

to fabricaJ tn.i.

explanations. Some

to

l^s:i:::i::
Tlie flatterY in this ex move where it follows a second in a series of two or more orocess of remedial exchange' ppeal for access, and in this

ao.Fupn.n usualty don'r persist. Though ;h";g.;.rs on the run despit a mildirown or lefr-to-right nod of the head, those to get pennission after an elaboatd attempt rare take the

'd]'ni'1,i"J:"iiiJ:,::":i::*l**;:.:",# $ji":l::,
#:,:i,

104

Image Ethics

Photographing in Public Places: Access and create- a record

Consent

105

Conclusion: Photography and Privacy

of private behavior that subjects would probabty find undesirable or that might violate cultural norms, Even if there is'nothing apparently grievous or embarrassing about the situation, it may deny paficipants the chace to present themselves to the camera in their.,besl light," 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 commercially defined. Importantly, however, it is not only the ..abusive"

and in-depth, ting the tradiI 983

).

106

Image Ethics

in the An'
ColoPhon'

York: An'

Hende

il",i":t""i,li^:"::1"""nr"ttr"'.
of PennsYlvania'