Ethics of shooting a "diver"

[Charlie99]

Walter, I accidentally got his picture, and he looked funny--all crazed like his eyeballs were gonna pop out.

Sounds like a good start for a "wanted for underwater assault" poster.

From your description it sounds like the student came over to your sister and was mugging and posing for a shot. That's a lot different than you making an active effort to steal Grouch's business by going over and snapping a bunch of photos of his students.

Overreaction, having a bad day, habitually lousy attitude -- who cares what was his problem. Just tell him next time you see each other that what he did is way out of line, and then forget about it. He's not worth your time.

 

[Walter]

yea, but my mom was down here too, and I am a chicken. He kinda scared me.

If you were scared (kinda or otherwise) it was an assault. He should be locked away. Unfortunately, you waited too long to have much success legally, but please don't let him or anyone else get away with it in the future.

 

[Jafo123]

Proper ethics of taking a picture of anyone you don't personaly know should require permission and most times signed releases. This does cover you in case of future published photos and cival suites. I know you don't sell pictures but that doesn't mean your beyond being sued. Been there done that!

 

[El Orans]

Proper ethics of taking a picture of anyone you don't personally know should require permission and most times signed releases. This does cover you in case of future published photos and civil suites. I know you don't sell pictures but that doesn't mean your beyond being sued. Been there done that!

AFAIK, not applicable when you're in a public area.

 

[LI Diver]

If he was not the boat owner than an E-mail to the boat owner probably would be instrumental as well. I of course being a newbie would have made sure I got back to the boat first and asked the DM if I could help my old buddy back up the ladder and then helped him promptly disembark said ladder with a well placed booty to the chin!

 

[ajames54]

As an ex- professional photographer I have to say I would have charged the guy.. Seriously .. I've been shoved and threatened enough to not stand for it at all but I'm no small guy either.

If you were taking the shot and then attempting to sell the shot to the subject then he may well have had cause to complain, but only if he was offering the same service,
and complaining is a far cry from assaulting.

As far as etiquette goes if you are working a group under some sort of agreement and someone else attempts to poach (sell shots) then you should tell them that you are working the group already. They should back off, some wont but it is easy enough to deal with that later. If someone else is working a group and you see the opportunity to get a couple of good shots by all means take them, but if you are going to offer them for money offer them through the person who is “officially” working the group.. if handled correctly this can lead to other contra deals and recommendations.

If you are just there and nobody is shooting for pay already do what ever you want..
If you are giving away shots for free again do what you want .. but remember it when someone does the same to you.
If it is your group you have the right to expect any other pro to work through you, just as you should expect to work through them if it is their group.

It’s etiquette not laws and I’m sure that different areas have different sets of expectations, but nobody benefits when everyone is trying to eat the others lunch.

 

[DaveDog]

Legally you had the right to take the picture public, property and permission was given by the subject. Ethically if the dive outfit sells pictures to the divers then you should not have taken the picture as a professional courtesy. He would not have been unreasonable to have approached you and asked you not to take or sell the photographs to his clients. He should not have assaulted you which is what he did. As for his business I don't think he'll be around too long. Some people don't have the personality to run a business. You would certainly be with in your rights to contact law enforcement and have him charged with assault. Unfortunately some people do not work or play well with others, as is most likely indicated on his report cards from grade school.

 

[bladephotog]

Proper ethics of taking a picture of anyone you don't personaly know should require permission and most times signed releases. This does cover you in case of future published photos and cival suites. I know you don't sell pictures but that doesn't mean your beyond being sued. Been there done that!

Not true. And a signed release won't keep you from being sued. It will make it difficult for that person to win. But as you pointed out, it won't keep you from being sued.

A signed release is not needed if the photo is used for editorial purposes. It is needed if it's used for commercial purposes and the subject is identifiable.

Ethics and the law are two seperate things. And in this case it's pretty clear permission was implied by this person coming up to the photographer and posing without being asked.

And I sure wouldn't have stood for this guy's assault. His actions were criminal. Yours were not.

 

[DaveDog]

Also probably a good choice not to post his picture here.

 

[Rick Murchison]

2 - taking photos of other divers while on a commercial venture when you are aware that there is a photo "pro" trying to sell some images. First, introduce yourself on the boat to the guy with the camera. let him know that while you might pop a shot or two of a diver if it comes up, that isn't what you are there for. Let him know that you do try to send an image of the diver to the diver via email if you like the way it turns out. This should open up some clear lines of communication and he can include it in his brief to his divers - they will then, hopefully, stay out of your way and go to him when they want a photo taken. If you happen to be in the same place and snap a few frames, everyone is fine. Back on the boat, the courteous thing to do is accept the proffered business cards of divers that you have snapped while encouraging/reminding them that their guide/photo guy took a whole range of images of their dives.

Perfect.
Thanks Alcina.
Rick