question about ethics

[Peter Blake]

I shot an event recently; there were some kids playing and with the sunset behind them, one shot in particular worked very well...this was at a private sports facility. I didn't ask permission (was there in a professional capacity and known to the event staff) and thus far haven't been able to id the kid or her parents. there is nothing sexual about the image - girl is maybe 11 years old and fully clothed

it's a great shot and I would love to be able to use it, but until I id the parents I don't think it should go public.

is there any case for going public and using that to locate the parents?

 

[Pete Askew]

I would guess that you would need to seek permission / a model release first as it wasn't in a public space. But, of course, it might be different in Japan. What do the organisers say?

 

[Steve Dormer]

Hi Peter

I am certainly not an expert and in particular the laws in Japan. But a misconception over this issue is sometimes what the image is going to be used for. You have a better chance of using the image if is is used for an editorial purposes. But this coils all change since a child is involved, shot in Japan and in a private location. I suspect without a model release you could be in a difficult territory.

 

[David Mitchell]

This is one of the reasons I don't take photos of anyone at all, just go with buildings and landscapes (basically anything that can't get angry lol).

 

[Chris Dodkin]

Tough call - if you had shot it in public I'd say you'd be free and clear

As it was shot in a private location, that changes things

Have you talked to the sports facility around this?

 

[Brian Moore]

I can't speak to Peter's question except that I would ere on the side of caution, as several members have advised.

I observed an interesting thing while at the Getty Center a few weeks ago. A tourist was in the act of taking a photo of a little girl not his own. (One could be forgiven for inferring she wasn't related to him,...the tourist was an elderly Asian gentleman festooned with touristic accoutrement, while the little girl was was a mere toddler, festooned in blonde curls and golden-brown California tan.) Anyway, as the aul' fella attempted to snap a fotie o' the wee lassie a Getty security guard quickly intervened and warned him not to snap a fotie o' the wee lassie.

Foties of the exhibits were allowed, so it wasn't anything to do with photography per se.

I found this interesting.

 

[Chris Dodkin]

To that point Brian - on private property, security can enforce what ever security policy on photographers they want.

On public property, you're free and clear (within the legal requirements of the country you're in)

 

[Peter Blake]

Brian, the situation you witnessed is one of those cross cultural things. I think here though, parents know it's not the done thing to photograph other people's kids. And yes I am a parent, but I am also a photographer, and if I'd had the opportunity to go up to the girl's parents right after shooting, I certainly would have done. Just no supervising adults anywhere in sight.

Perhaps he thought because he was outside Japan, conventions that applied at home, didn't in the US. or maybe lived in the countryside of Japan, where everything is a bit more lax. Sorry, I know you didn't say he was specificly Japanese. But some things are 'Asian Things'.....

- - - Updated - - -

Interesting, I was shooting an overhead pedestrian bridge the other day, it has frosted glass panels on the side which distort the shadows of people using it. This is a bridge between two buildings. A 'security guard' indicated that I wouldn't be able to take any more photos, because it was 'private property'. I was standing on the pavement at the time.

I indicated that I would stand in the road, and continue to take photos. I just waited until he wandered off. A part of me just wants to ask him quite innocently 'what time do you finish work?'.....he would nod and understand

- - - Updated - - -

thus far I've sent copies of a similar shot (same girl but back to the camera - the way she is dressed is totally unique and beautiful) to a couple of the organising staff at the club, hoping that they might draw a result, but nothing yet.

Facility is a private members sports club, it was open to the paying public on that day, no help there. I might be able to make discreet enquiries thru the FB event page, I just realised.

 

[Julian de'Courcy]

Peter your question about publishing to find who it is. Knowing this area in regards to the UK and sport clubs and events. This is child protection issue. I do not know about Japan, but here it would surprise me if a local sporting activity involving minors, that when they employ or ask a photographer to help out that you were not given a guidance policy of some kind, with certain criteria on how and where the images can be published. A sport I am involved with certainly takes great care in this area, having strict policy and guid lines drafted by well known child organisations. Most sports and club facilities do in the UK. It often seems very heavy handed. I have at times pondered if the situation is to restrictive, but know it is not.
The main reason for this is about identity rather than anything else, which is not often recognised. There are many families who for many different reason do not wish there location to be known. If images are published on the net or local papers it can make it quite easy for a location to be identified . For some families this can be very real , so going public to locate a parent can have the wrong intended outcome.

As Peter say ask the organisers, you will then be able to find who hired the venue and go from there.