Press Release. Controversies: A Legal And Ethical History of Photography

The Musee de l'Elysee

• Photography always seems to cause debates and legal question right through the 19th & 20th Century
• Photography- a symbols of expression, individualism, power&money
• Photography seems to cross between arts, science, politics, fashion, journalism and advertising causing discussion and conflict
• Due to some photographs they have ended up in court
• Controversies can result into a damaged career
• These photographs are from the early days to the present but focusing on legal cases and controversies

The right to photography:

• Laws, attitudes and limits of what is acceptable to take a picture of is dependent on the country and culture. Is this what makes it more interesting, or perhaps we find it more intriguing as I definitely do.
• There are a series of laws which the photographers must work with and these laws are constantly being tested.
• Laws are sometimes pushed outside whereas some laws are being created due to court decisions.
• Photographers can be forbidden even if there work has been published for many years
• It is all based on how you read into the photo

• 1839 Photography was considered to be 'invented'
• People where fighting to get there work noticed 
• Photographs enabled multiple prints, producing reality for you to look at; this would raise many questions as photography was very new

• 1850's a few major cultural issues were dealt with in courts
• They found it very hard to relate photography to the legal system as it didn't really fit into any category
• The law thought illustration was the best way to represent something if you want it to be realistic
• Photographs are interpretation by the reader/ cultural conversations in connection with its creation
• Each person can read something different to the next person- personal moral or philosophical convictions
• Once the techniques changed so did the method of distribution
• Also due to evolution, attitudes and society

The main reasons for photographs to be taken to court is;

• Money
• Politics
• Morality
• Sexuality or the acknowledgement of the artist status

• End 1960's Guy Debord created a book in which he analysis of social relationships which people have taken inspiration from photographs
• The political power of photograph seems to influence our sense of reality
• Conformism and ready made beliefs come from these images which can be seen as dangerous

• Authority can be seen in control over reproduction rights
• Millions of images are being financially exploited 
• Interestingly prices are higher for a photograph that is not protected by copyright where images on which have copyright don't seem to get sold for as much which seems weird

• Why are some images appreciated where as some similar are censored or prosecuted
• Freely sold in some places where as others its prohibited
• How do representation get perceived, interpretations? and the photos association

Beyond Appearances, Christian Pirker

• When opposite sides both add there opinions and views can turn from a discussion into a controversy.
• Conflicts obtain both objective facts and subject elements which can be prejudice from different cultures, groups and beliefs
• If a controversy contains incorrect information or errors of the truth it illustrates as clearly as possible the public interest.
• When comparing public opinion to the court of laws opinion which opinion is correct?
• Which every party wins doesn't mean they are correct, just that they have put a better and stronger argument together. 
• Even when a verdict is said and done and the battle is over, does NOT mean that the debate is over
• When conflict becomes a controversy it indicates attitudes and sources of tensions in a society and that particular moment
• Confronting an images help us to understand the artist or individuals
• Controversies can tell us something about the past although they can show something about the present
• Photographs are fixed and unchangeable whatever period or environment in which its seen in
• Even though many year ago it caused controversy how do we feel about it today and now? Would  there reactions be the same as the reaction they had?
• Some pictures can be grouped together by there values as testimony and perhaps there legal evidence
• Even thought a question many seem minor or trivial but we can now talk about them unbias 
• Every photograph conveys meaning  no matter what field the photograph was taken in (portraits, nudes ect)
• In what interests us is how the meaning is perceived in changing history
• How a photo is judged in a court of law depends on how it is interpreted

Three Case Studies Dealt with in the exhibition and the book

Garry Gross

He photographed a 13 year of child called Brooke Shield making her front page of a photo magazine. Brooke is shown in her naked body, oiled and wearing make-up on her face at the young age of just 10! These where from a series of photographs in which Gross took of young Brooke. Gross then wanted to show the change from a child to a women by photography in which he took images of Brooke. Gross had full rights to the images he took of Brooke as her mother signed a contract. Therefor Brooke naked, ended up in large posters shown on the streets of New York.

Brooke then tried to get the negative back in 1981 in which she couldn't so it then turned into a law suet when Gross had to pay a million dollars although the photos were not returned. Then the battle continued and Gross kept on wining however Shield managed to provisionally stop the photos from being shown.

Gross could then only use the images in a pornographic context but couldn't exploit them freely. After several arguments about the contract Brooke's mother wrote when she was young the layer went for the approach that Gross had violated Brooke's privacy. The images caused her 'distress' and 'embarrassment'.  She then lost again as the courts decided that the photographs weren't sexually suggestive, provocative, pornographic or don't imply sexual promiscuity but show an innocent girl posing in the bath. Even thought Gross won the trial he left with a tarnished reputation and ruined him financially. 

The images where bought from Gross by Richard Prince who became famous by buying the right to the images and making them contemporary art.

Frank Fournier

This photographer simply documented a girl trapped and slowly dying. He did this to try and gain quicker delivery of tools to try and save her, they didn't arrive in time. He photographed her looking exhausted however she was calm and kept her faith. He known he couldn't personally do anything but by publishing these images he though if people act together they might speed the process up.

He had considerable success through publishing these images and won awards for them Fournier was filled with doubt. This was the hard decision of showing the terrible truth behind reality and worry about shocking the public or refuse to take record of these sorts of tragedies?

Fournier found himself landed in a major controversy; could he have helped instead of stood taking pictures? Showing people suffering violating there rights to have their privacy respected? In some peoples opinion it was disgraceful how he photographed it. It shows the vicious circle that the media has got into these days. Photographer seem to think that it is the utmost importance that the public be formed.

Oliviero Toscani

Fashion photographer. Over 8 years he created a strong visual identity for a firm which helped it establish its reputation. Benetton became one of five most famous brand names with many hundreds of stores. He then started to do advertising campaigns with opposites of images and slogans. In this way he created a direct provocative message which conveyed a range of positives values. He moved away from the advertising and onto the clothes, mixing images of a white baby with a black mother. His themes became provocative which started intense controversy that sometimes ended in court. Toscani produced a piece which contained prisoners on death row this ended in great controversy in which Benetton terminated Toscanis' employment.

Creating a controversy between an image and religious culture then prohibited the piece.

Toscani succeeded in taking advertising to the next level and breaking away from the traditional codes in consumerism by the power of images to add social dimension. Taboos where being used for forceful pictures. He provoked debates which are the sign of a successful policy of communication in contemporary society. 

Juraj Lipscher- body shop


Contemporary societies treats the body as an object which can be taken apart and reconstructed. From birth to death the body gets the best attention and care- whether it takes the form of makeup, exercise, cosmetic surgery ect. The body remains to be a big preoccupation for photographers, this is totally absent in Lipschers pictures. The images are of places that the body goes to to be cared for. The cold, disturbed images look strangely common obsession with order.