Ethics of Photographing People

The Ethics of Photographing People
by Alexandra Swaney

Two definitions of the word "ethics" are "the rules or standards governing the conduct of the members of a profession," and "the moral quality of a course of action." Both definitions are useful when thinking about photographing people. As researchers of Montana's heritage, some of you will be taking photographs of people. When you do, keep in mind that there are both legal and ethical issues involved in your actions.

The law allows you to take anyone's picture in a public place if the photo is used for editorial purposes such as to illustrate a news story, or a research project. On the other hand, if your take a picture of someone close enough that the person can be identified in the photo you cannot use it for commercial purposes unless you get them to sign what is called a model release. The model release is a simple form that asks the person being photographed to acknowledge your right to use the photograph for commercial purposes.

Even if taking a photograph someone is perfectly legal, there are ethical issues to consider concerning sensitivity to privacy, as well as differences in how people perceive the world. When I was a young graduate student doing fieldwork in Mexico, I went on a ten-day bus trip with thirty Mexican high school teachers to visit all the major archaeological sites in the country. One of our stops was at Monte Alban, a pre-Columbian ceremonial center in the high, dry central mountains near the city of Oaxaca. As we returned to our bus from the giant stone ruins, we were followed by a number of Zapotec Indian vendors, descendants of the people who had built Monte Alban hundreds of years before. Many of them were selling small ceramic figurines-- replicas of culture heros or gods and goddesses that had been discovered at the site. I bought one from an older woman, who seemed quite happy with her sale.

When I climbed back on the bus and took my seat, she was still selling to my companions through the bus window. I thought she had a very interesting face, so I got out my camera and snapped her picture through the window opening, just as the bus was pulling out. She yelled and shook her fist at me, and shot a me a look of pure disgust. I was a little hurt, because I thought she would have been pleased to have her picture taken. Still, even though I was studying cultural anthropology, I was not practicing what I had learned, namely, people from different cultures often think very differently about the same thing. You've probably heard that some Indian people believe that if you photograph them, you are stealing a part of their soul. I don't know if that woman believed this, but I do know that I overlooked a crucial ethical step in the process of taking the photograph: asking permission. Asking permission would have allowed her to say no, respecting her need for privacy; or would have given her the opportunity to ask me for money in exchange for capturing her image, adding needed cash to her meager income.

Most Montana Heritage Project researchers will probably be working with people who will be happy to have their pictures taken for posterity. But keep in mind that there are occasions when picture taking is not appropriate. There are certain ceremonies on Montana's Indian reservations to which it is forbidden to bring a camera, video camera or tape recorder because of the sacred nature of the event. There may be some people you will encounter who, for one reason or another, don't want to photographed. The solution is simple. When there is some question in your own mind, show your respect by asking permission!

--------------------------------------------------------------------------------

Photographs courtesy the Library of Congress: Crow family and father in Butte reading the Union paper with his son, both from the Farm Services Administration documentation of American life in the 1940s.

--------------------------------------------------------------------------------

Alexandra Swaney is the state folklorist at the Montana Arts Council and a member of the Working Group that oversees the Montana Heritage Project.