Lessons From Real-World Controversies The Ethics of Street Photography II
A photographer’s layperson perspective
May 25, 2026
The author and editors work primarily in fine art photography in the U.S. This perspective is shaped by that context.
This article is for informational purposes only and does not constitute legal advice. For advice on your situation, consult a qualified attorney.
Street photography thrives on unplanned encounters and candid moments, but those same qualities raise tough questions about privacy, consent, power, and exploitation.
Rather than offering simple rules, these case studies show how “What can I legally do?” and “What should I morally do?” often point in different directions.
Early access for subscribers. This article publishes
on May 25, 2026.
Sign up and we'll email you the moment it goes live.
No spam. One email per article. Unsubscribe any time.
Rather than offering simple rules, these case studies show how “What can I legally do?” and “What should I morally do?” often point in different directions.
1. Philip‑Lorca diCorcia’s “Heads” and the Times Square Lawsuit
In the early 2000s, Philip‑Lorca diCorcia created his “Heads” series in Times Square, photographing passersby with a hidden strobe and later exhibiting and selling large prints as fine art. One subject, an Orthodox Jewish man named Erno Nussenzweig, sued the photographer and Pace/MacGill Gallery, arguing that using his image without consent violated New York privacy law and his religious prohibition on graven images.
A New York court dismissed the lawsuit, holding that the photo was protected artistic expression and that the claim was time‑barred under state law. Legally, the decision reinforced that photographers in New York can exhibit and sell street photographs of people in public without consent when the work is treated as art rather than advertising.
