We have all sat back, and read the profuse social media spectacle that has become the Photographer vs. Arch Enemy. Each and everyone involved in this industry, in one way or another, has pulled out the Michael Jackson popcorn meme, sat back, and watched the social war run rampant through our internet tethers.

Why is this such a fascinating read? Is it because we have been there? We have experienced something similar. We have all bent over backwards and said, “Yes. I can relate!” or “I can’t believe the lack of gratitude!” Regardless of where you are on the spectrum, we all have had a pony in this race, and for many of us, that pony is still running circles around the merry-go-round, and that crazy ride never seems to find momentum enough to either stop or start. It just is…

What makes this more than just a blip on the radar, and has exploded into the largest elephant in photographer/publicist/artist room, is the fact that someone blew the whistle…on what though? Why is this so immense?

Let us introduce the concept of “Consent”. We can draw some parallels from this week’s latest shit flinging fest to sexual assault and consent. There is a humorous, yet poignant, video that explains sexual consent by substituting sex with tea.  The video states, and I quote, “Whether it’s tea, or sex, consent is everything.”  

Let that sink in: “Consent is Everything”

So, with the idea of consent in mind, let’s also take a look at the recent series of posts flying around online regarding the photographer (J. Salmeron) who took some incredible shots of Alissa White Gluz (lead singer of Arch Enemy), which were then reposted by a clothing company.

The issue: consent. It was not granted.

Although consent was granted for the artist to repost the image, when a third party jumps on board and assumes that it is also ok to utilize the same image, a line is crossed. That line is not a little one either.

Can we compare consent in photography to sexual consent? Sure, we can.

Granting sexual consent to a partner does not imply that it is also granted to your partner’s extended business partners and associates. 

All right – moving on. J. Salmeron expressed his dissatisfaction with the line that was crossed, so he kindly requested compensation for the image, or at the very least, a donation to a charity.

Let us return to the consent parallel:

If you were in the process of having non-consensual sex, you might ask them to stop. You might also press charges and seek to obtain damages.

J. Salmeron then received an email in response to the request, stating that sponsors were authorized to share photographs, and that photographers are appreciative for the exposure.

Consent and Rape Culture:

If non-consensual sex has occurred, rape culture blames the victim, pressures them to not appear “cold”, trivializes the occurrence, and refuses to take the accusation seriously. This is particularly dangerous because it makes it more difficult for the victim to report it. (Southern Connecticut State University, n.d.)

J. Salmeron then responded to the email by restating the facts, copyright law, the original consent that was provided, and the re-request for a donation to a charity. This email received a response that stated that the image had been removed; however, J. Salmeron was no longer welcome to photograph the artists at any event now or in the future, and further misconstruing the issue by eluding that Mr. Salmeron was attempting to take advantage of the artist.

Crime Reporting and Intimidation:

Fear of ostracizing and retaliation disinclines victims from reporting crimes. Victims with these worries, in order to avoid intimidation, will fail to report (Bowles, Garcia Reyes, & Garoupa, 2009).

Intimidation or bullying can sprout from ambiguity, confusion and contradiction. Perpetrators of intimidation (or bullying) can emerge from chaotic and disorganized situations (Roscigno, Lopez, & Hodson, 2009).

As we run through the parallels, we can appreciate where a photograph was used without consent. When the photographer stood his ground, he was chastised, belittled, and blacklisted for it. When you strip it all down, you have the premise for the movie “The Accused” where Jodie Foster was raped by bar patrons.

We are now seeing instances of apologies flying left and right from the clothing company and the artists. Has it gone too far though? Are we ready to forgive? The real question though, is whether that Cancer Charity has seen a cent. Honoring the original request for a donation to the Cancer Charity would make this pill a lot easier to swallow.

Ultimately, being a photographer does not imply that you may use their photographs for free, just like being an attractive woman does not imply that you and your friends may have access to her body. Consent is everything.

Consent is everything.

 

Consent.Is.Everything.

 

 

If you would like to see Salmeron’s work, please check him out on his Facebook, Instagram, and Twitter.

If you would like to see Arch Enemy’s work, please check them out on their Site, Facebook, Twitter, and Instagram.  

If you would like to see Thunderball’s clothing, please check them out on their Site.

And, by all means, if you’d like to donate to J Salmeron’s charity of choice, the Dutch Cancer Fund, please click this link!

If you would prefer to contribute to a different Cancer Charity, FuckCancer is a great charity to support. 

Sources

Bowles, R., Garcia Reyes, M., & Garoupa, N. (2009). Crime Reporting decisions and the Costs of Crime. European Journal on Criminal Policy and research, pp. 365-377.

Roscigno, V., Lopez, S. H., & Hodson, R. (2009). Supervisory Bullying, Status Inequalities and Organizational Context. Social Forces, 87(3), pp. 1561-1589.

Southern Connecticut State University. (n.d.). Retrieved from Sexual Misconduct / Facts: http://www.southernct.edu/sexual-misconduct/facts.html