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Street Color New York Muse: Bernadette!

Asher Kelman

OPF Owner/Editor-in-Chief
Way back in 2013 I started a collection of street pictures from New York.

Here is Bernadette:

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Asher Kelman: “Bernadette in Bryant Park”

Asher
 

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Asher Kelman

OPF Owner/Editor-in-Chief
It all started with my goal of 13 LA women. So I thought why not a contrasting place too!

So I was in New York to try to find 13 muses. I discovered just about 8 so I have to return. Hopefully they won’t be all wearing masks in Central Park this winter!

Asher
 

Asher Kelman

OPF Owner/Editor-in-Chief
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Asher Kelman: Bryant Park
This has the tiny remnants of snow if one looks for it!

I combined many pictures I took around Bernadette at the park to stitch together this composite.

With tables, excluded near the camera, it seemed more intimate than Central Park.
 

Jerome Marot

Well-known member
It all started with my goal of 13 LA women. So I thought why not a contrasting place too!

So I was in New York to try to find 13 muses. I discovered just about 8 so I have to return. Hopefully they won’t be all wearing masks in Central Park this winter!

I am not entirely clear about the process of "finding 13 muses". Are these women professional models? Do they work for a fee? Or do you just wander around and show your camera to women you meet on the street? What percentage accepts the proposal? Do you ask them to sign an agreement? Do you send them pictures?
 

Asher Kelman

OPF Owner/Editor-in-Chief
I am not entirely clear about the process of "finding 13 muses". Are these women professional models? Do they work for a fee? Or do you just wander around and show your camera to women you meet on the street? What percentage accepts the proposal? Do you ask them to sign an agreement? Do you send them pictures?
All the people I photograph for these series are simply woman who’s looks were magnetic to me. I introduce myself and it’s used to be, (before the Pandemic), 8 out of 10 would agree.

I have no consent signed, as in the USA one is allowed to photograph anyone in a Public Place anyway and secondly, it’s obvious they have stopped and willingly posed. I do send them copies.

If they come to my studio, consent is signed and I pay them and for travel. Sometimes I might hire them as an assistant or chaperone.

During Covid, no matter how enthusiastic folk are, only an occasional person met in public or a server in a restaurant actually turn up for a shoot. With masks in the street it’s hard to meet people in the first place!

Professional models are a mixed bunch. If one chooses carefully it’s really a great investment but it’s important and difficult to match their style to one’s ideas.

Surprisingly, inexperienced people, if selected for some unique attractiveness or sense of confidence, joy or humor tend to be the most productive collaborators, as they are never ritualistic in reproducing magazine poses.

Asher
 

Jerome Marot

Well-known member
I have no consent signed, as in the USA one is allowed to photograph anyone in a Public Place anyway and secondly, it’s obvious they have stopped and willingly posed. I do send them copies.

Thank you for the answer. As to signed consent, you may be allowed to photograph these women, but not necessarily to publish the pictures. This has always been my understanding, but I am not a lawyer and do not know the particulars of US law anyway.
 

Asher Kelman

OPF Owner/Editor-in-Chief
Thank you for the answer. As to signed consent, you may be allowed to photograph these women, but not necessarily to publish the pictures. This has always been my understanding, but I am not a lawyer and do not know the particulars of US law anyway.
In the USA one can indeed publish the pictures and sell them as Art, but not as porn! One can’t include them say in an article on prostitution, crime, fat people, ugliness or anything else clearly false or defamatory.

However, one can have an exhibition and make 20 ft high posters and sell prints as long as it’s considered a part of the pursuit of art and not merely intended to demote or defame anyone!

it cannot be used for commerce like selling baby formula, (Nestlé got sued for that) or other merchandise.

Asher
 

Asher Kelman

OPF Owner/Editor-in-Chief
Yes, I understand these to be the general principles in most western countries.
But I know France is very different. I don’t think one is as free to photograph people or buildings and sell work as Art as allowed in the USA!


  • The right of your own image (Droit d’image) In France each individual has the exclusive right to their image and of who uses their image. Not only publishing the image but even taking the photo of someone, the photographer has to have the individuals permission under French Law.”
 

Jerome Marot

Well-known member
France is a bit more restrictive than other countries, although in practice jurisprudence is not as different as one would think. For the photographs of Bernadette presented here, a French judge would likely assume consent as it is obvious she knows she was being photographed.
 
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