Not only copyright, but also personality rights could pose a serious challenge for institutions showcasing everyday photographs. Since these photos were taken of and by private individuals, their publishing can understandably cause personal inconveniences. Through the discussion of lawyer Bea Bodrogi and the director of Eidolon Centre Róza Tekla Szilágyi, the third event organized by Eidolon Centre and Capa Centre dived into the complexities of personality rights.
From left to right: Róza Tekla Szilágyi, Bea Bodrogi, photo: Capa Center
Personality rights – a short introduction
As Bodrogi described, personality rights ensure that one’s image or likeness cannot be exploited without permission or contractual compensation. Since these rights provide a fundamental autonomy over the showcasing of our bodies, we can’t give them up. Contrary to copyright, personality rights remain valid only until the death of the person; they don’t have a seventy-year termination date and they can’t be exercised by offsprings. If someone gets affronted by a photo of them being published without their permission, they can exercise their personality rights for up to five years. However, law offers an exception; in case of photographs taken at mass gatherings, neither photographers nor media platforms need to obtain permission to publish them.
From left to right: Róza Tekla Szilágyi, Bea Bodrogi, photo: Capa Center
Contemporary challenges
Looking at street photographs from the 60s or 70s, we can sense a sort of curiosity and openness showed by the subjects. Publicity before the digital age functioned on a lower capacity, so people weren’t scared of their photographs being published and seen by thousands of people the upcoming day. However, with the emergence of social media, information flows increasingly faster and it is accessible to a much larger audience. Our understandable self-consciousness about being photographed prompts stricter regulations as well. According to personality rights, not only the publishing, but also the unpermitted taking of a photograph can be viewed as an offence. Although Bodrogi emphasized the lack of cases where the simple act of taking a photo caused an issue, its publishing can lead to complicated situations. In these cases, the photographer would have to prove that the subject was posing willingly for the camera, however, it is nearly impossible.
Ethics over regulations
As Bodrogi highlighted, the issues surrounding the publishing of someone’s likeness usually have more to do with ethics than law. There is no legal best practice that could help to solve the emerging conflicts since every case is unique and personal. Whether they can get permission to showcase a photograph or not, it is always the user’s responsibility to select and curate the material with empathy. It is also crucial for institutions working with sensitive everyday photographs to create space for conversations. Unfortunately, the lack of openness and communication sometimes lead to ethically questionable decisions. The panel discussion thoroughly analyzed the situation of Tamara Lanier who filed a lawsuit against the Peabody Museum and Harvard University for showcasing daguerreotypes of her enslaved ancestors in an exploitative manner. As the author of the Boston Review article covering the issue, Ariella Aisha Azoulay emphasized, the photographs at hand essentially depict violence; a transgenerational trauma that fundamentally influences the family. Although Azoulay argues that the photographs should belong to the offsprings, the court assigned the museum as the legal owner. Bodrogi highlighted that even though the jurisdiction could only handle the case as a property issue, the cultural institutions involved should’ve initiated a conversation regarding the questions of ethical curatorial and archival practice.
From left to right: Róza Tekla Szilágyi, Bea Bodrogi, photo: Capa Center
A respectful gesture
Thankfully, there are also exemplary attitudes shown by institutions. When showcasing everyday photographs, it seems that no amount of attentiveness can totally prevent the emergence of personality rights issues. It’s in the nature of these photos that they bring traumatic memories and familial wounds to the surface. Since the problems are rooted in such emotional layers, legal procedures can’t provide a solution – instead, institutions and professionals should seek help in ethical practices that involve personal perspectives and foster conversations.
This article is a summary from our event titled Questions about showcasing vernacular photography vol. 3 that was held on December 12, 2023 at the Capa Center in Budapest.
The article was created with the support of the National Cultural Fund of Hungary.
