-
You're somewhat welcome ;)
I've just remembered there was a court case involving a street photographer whose book was allowed on artistic grounds, but I can't find it on google so I'm unsure if it was in Spain or France - given the two have similar rules I may have misremembered the book as being Spanish when it was actually French.
Here's a column from Spanish broadcaster ABC specifically on street photography - http://www.abc.es/tecnologia/electronica-fotografia/20130721/abci-frontera-legal-fotografia-201307181702.html
It acknowledges that street photography specifically is legally ambiguous in a way that documentary photography isn't, but suggests you can get away with an artistic expression defence if challenged.
That's why I suggest that Spanish law favours Winogrand's style more than than Gilden's style - Gilden would be hard pressed to say his photos are of anyone other than the subject he's just got up close and personal with and flash-gunned. Winogrand's photos are of people existing within a context, generally, even if that context is just nice light or interesting geometry - that fits in the 'occurrence' exception (the Spanish is 'acaecimiento', which is literally just stuff that happens - it doesn't have to have any socio-cultural importance to count).
You are reading a single comment by @h2o and its replies.
Click here to read the full conversation.
h2o
Thank you, this helps somewhat.
: ]