Drawing from Life and Ethics?

[stlukesguild]

I was just browsing through drizzlewither's post on drawing from life...

https://creativespark.art/threads/theres-a-sniper-about-quick-draws.1816/

... and also thinking of this artist who has become a big online art star (or "influencer"?):

But then I happened upon this cartoon:

I will admit to having made such sketches from life of people on the subway when I lived in New York, or patrons in the bars and restaurants I frequented as an art student... and after... and even drawing people at museums and galleries while they were looking at the art.

The history of art since Impressionism is laden with examples of art drawn or even photographed from life without the express written permission of the subjects:

So what are your thoughts on the "ethics" of drawing/painting/photographing people surrepticiously?

 

[snoball]

I had always heard that when you photograph a person with intentions of publicly posting it that you have to ask permission. Not sure of the legalities on this.

 

[ilya]

There is that fashion of "street photography" started by Cartier-Bresson, at least one photo above is his. I tried that few times. It totally fine I think to shoot from afar, not sticking your lens into the people's face. And when they look away. But I still regret a photo of a cheese selling guy I made in Italy once. His eyes looking directly at me were saying oh man what you are doing. He looked so vulnerable. I will never try to do that again.

 

[ilya]

I had always heard that when you photograph a person with intentions of publicly posting it that you have to ask permission. Not sure of the legalities on this.

Not true. It may depend on where you are, but the most common rule is that once you go out, you are in public, so you have to sacrifice that privacy you have at home.

 

[snoball]

Not true. It may depend on where you are, but the most common rule is that once you go out, you are in public, so you have to sacrifice that privacy you have at home.

As I said, I'm not sure of legalities on it.
Article

 

[drizzlewither]

I do worry about this actually. Photographs - I'd never take them of people so I've no concern for that. I'm sure my gesture drawings aren't accurate or detailed enough that someone would recognize themself, so there's that at least. It's safe enough in my sketchbook where I would only perhaps use it for reference for an illustration but perhaps I shouldn't have scanned and posted them.

That guy in the video who is doing such realistic drawings, that does feel a bit skeevy to me (those people are definitely going to be identifiable). I would probably have the comic lady's reaction if he sat down and drew me then put me online.


Back on photography - I don't actually know at all what the legal situation is in my country any more (brexit yadayada), so I went to try to find some information online about the legality. Basically nobody seems to know! I found a huge long legal argument about whether GDPR covers photos or not, some say if the person can be identified it's personal data and their consent is required, some say photographs in public places are exempt because you can't expect privacy in a public place, some say there are exemptions written into GDPR specifically for "journalistic or artistic" uses. I'd go and read the whole thing myself but since even the lawyers on that thread didn't seem to be able to agree on it, I doubt I'll be any more of an authority.

 

[ilya]

That's a very good article. I don't care about street photography or photographers anymore, and I don't mind to be caught in someone's viewfinder. As I said, that picture I took made me wander more into the ethics. But everyone has their own.

About a consent... I took a picture once of a three girls in Verona. The photo by itself is good. And used it as a reference. I like both, although the painting is a study, I consider myself as a beginner. Now, if I had to search for their parents, to ask for permission, the photo would never be taken. I imagine I could even be in a trouble taking photos of minors. But sometimes we have to take risks, right?

I call it "The three Graces". 50x65 cm. oil on paper. (Beginner disclaimer applies folks).

 

[ilya]

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[ilya]

I am terribly sorry, somehow that was posted several times. I did click reply only once!