Ethics of shooting a "diver"

[Brewone0to]

I think Grouch is in line for a pair of concrete fins...

Lets all pitch in(for entertainment of course)
I've got the first quarter and one of the buckets

 

[The Chairman]

Any physical contact merits a call to the police department. An assault underwater should be treated as attempted murder.

 

[WarrenZ]

If he had grabbed me underwater I would have asaulted him right back. I think you let him off easy with just the finger.

 

[DaytonaDave]

wow. I have people posted all over my website. "dive-life photography". If it happens, i will let you know. There are advantages to being bottom tier, you know.

Catherine,

If you use a photo of someone for a commercial or advertising usage (other than self-promotion) then you must have a model-release form. Otherwise, you may do with them as you wish.

If someone is in a public place and you take their photo from a public place, then there is no legal bias for keeping you from taking the photo.

As for the poster who said you couldn't sell your photos to a magazine, that is also false. If the photo is to be used for editorial purposes (as in an article), then it can be used without a model-release. If you were to sell it to the magazine for an advertising purpose, then you would need the release.

We take photos all the time from public locations and run them without consent of the subject. Otherwise, we wouldn't be able to run crash photos, accident photos, 'feature' shots, etc. How would the paper survive if we couldn't run the photos because we couldn't get permission? These rights don't just apply to us press photographers, they apply to all U.S. citizens. It always amazes me when I meet people who think that I don't have a right to take their photo when they are walking down a public street.... same goes for the 'public ocean'.

Did I miss anything?

 

[DaytonaDave]

If he had grabbed me underwater I would have asaulted him right back. I think you let him off easy with just the finger.

I'm not sure how I would have reacted. I may have removed his regulator from his mouth and moved away. When he confronted me on the surface, I would have told him it was self-defense... that by grabbing me underwater he was threatening my life and he can count his blessings that I chose to use a 'non-lethal' form of legal self-defense. He may think twice next time. If he wouldn't have apologized, I would have definitely pressed charges.

 

[Larry C]

This guy has a discover scuba class, in open water, and he's playing with a camera!!??? If he wants to sell pictures, that's great, but this was your dive too, and you have every right to take pics of any animals, vegetables or divers you see on that dive. If he wants to sell them a picture package, more power to him, but if you're not competing he's out of line.

 

[duckster3d]

Catherine, I mate on a dive boat out of Hatteras NC. I shoot tons of video each and every dive trip, I try to get lots of shots of our customers, and yes I do try to sell them a copy of the footage on a dvd, I only charge 15.00 for the edited dvd, so I know i'm not going to get rich off it. If there is another diver on the boat with a camera, and they take pics, who cares, if they mention they can email or even sell their pics, who cares. I don't have a probelm with it, and I don't see where anyone else should. It's a buyers market. if they want to spend their money with me great if they want to spend it with the other shooter then go for it, I'll still make a buck or two down the road.

If grouch had done snything like that to me, will as they say in thunder dome. 2 go down one come up. or at least i would trash him online, and at the hotels, docks dive shops etc etc...

you are a really nice person to stay so calm, and let it run off your back.

P.S. it was nice to meet you while i was in Hawaii, good diving with you. I think i have you on video, will have to burn you a copy and send it to you. NO COST....lol

 

[drbill]

Wow, Catherine. I take pictures of other divers on our boat all the time. I do tell the passengers before hand that I am filming for my cable TV show and if anyone prefers not to have their picture taken topside (where they could be easily recognized), I ask them to tell me.

I've never had a problem. The divers frequently give me their cards if they want a DVD of the cable TV show episode I'm filming. I usually sell them for $10 including postage for those on board.

No dive professional associated with any of the divers in classes has ever complained. Of course I wouldn't take their clients (nor, I doubt, would you)... I'm not an instructor and have no desire to be!

 

[onfloat]

Y'all know this thread is 10 months old.

 

[RonFrank]

Y'all know this thread is 10 months old.

Yeah, but it's interesting, and I missed it the first time around!

That said, most views have been covered! When I shoot professionally I don't worry about other photographers unless they are in the way. For weddings for example I encourage other photographers. I'm getting paid regardless, and my shots are generally going to be better. If uncle Joe does get a great shot, perfect!

I only draw the line when I have shots setup, or even candids, and other photographers start stepping in front of me to shoot, or disrupting the formals for example.

From a legal standpoint, this has been covered. Model releases however are never a bad idea.