Candid Camera? Photographing the Other in Luc Delahaye's L'Autre

Abstract

This article considers the book L'Autre, published in 1999, by the Magnum photographer Luc Delahaye. Framed in terms of an investigation of the alterity of others, Delahaye's black-and-white images consist of portraits of Paris metro passengers who are unaware that their pictures are being taken. Citing the work of Walker Evans as a historical precursor to such image making, the article critically interrogates Delahaye's practice by questioning the otherness his photographs claim to depict. With particular reference to the concept of le droit à l'image within French law and given growing litigiousness surrounding image rights in France, the legal implications of such photography are also outlined. Finally, as a means to discuss the ethics of Delahaye's practice, reference is made to the work of Emmanueal Lévinas — a comparison that serves to highlight the aporia within Delahaye's vision.

Notes

[1] See Delahaye (1999). Baudrillard's accompanying essay is entitled ‘Transfert poétique de situation’ (unpaginated). Some of the images contained within L'Autre can be accessed via Magnum's website: http://www.magnumphotos.com

[2] A variant on Delahaye's candid camera technique is depicted in Michael Haneke's film Code Inconnu (2000), where the photographs contained within L'Autre also form the content of one of the film's segments. One of the leading characters, Georges (played by Thierry Neuvic), is a war photojournalist based on Delahaye.

[3] The photographs were originally taken for a proposed book of subway portraits. They can be found in Walker Evans at Work (Evans, 1994, pp. 152–159), and their genesis is described in Keller (1995, pp. 180–189). The whole series was finally published for the first time in 1966, with an accompanying text written by James Agee from 1940, as Many are Called (Evans, 1966).

[4] In her analysis of the original prints in the Getty Museum Collection, Keller outlines the extent to which Evans would readily manipulate images in order to achieve a desired effect (Keller, 1995, pp. 182–184).

[5] This is inferred from a journalist's comments in an interview with Delahaye. See Jauffret (2001).

[6] Other photographers who have worked within underground transport systems have not confined themselves to carriages. See Davidson (1986) and Pesaresi (1998).

[7] Typically characterised as a ‘probing, dispassionate, tonal/modal language’ (Scott, 1999, p. 70), black-and-white photography can of course signify differently according to context; although often regarded as timeless, in the words of John Tagg: ‘We must reject the idea of timeless models and, indeed, the question “What is realism?” for its implications that “realism” is a thing and, moreover, one thing, rather than a practical mode of material transformation which is constituted at a particular historical moment and is subject to definite historical transformations’ (Tagg, 1982, p. 134).

[8] Out of the 89 images that make up Evans's Many are Called only the final photograph deviates from this pattern. This particular shot—of a blind accordionist—is discussed at length by Keller. Delahaye's L'Autre contains no such exceptions.

[9] During an interview, Delahaye revealed that he had targeted two metro lines in particular: Nation-Dauphine and Porte d'Orléans-Porte de Clignancourt; presumably because they, respectively, cross Paris from east to west and south to north. If such data existed, it would be interesting to compare the ethnic and social make-up of passengers who use these lines with those depicted by Delahaye. See Jauffret (2001).

[10] Recent high-profile cases in the UK have confirmed this view. The UK Data Protection Act 1998 has been cited in order to claim that publications have acted irresponsibly by divulging personal information about public figures. Judgements have affirmed that any recognisable image of a person can effectively constitute ‘personal data’ that, with regard to privacy and confidentiality, must be handled in the same way as any other piece of personal information. See Boundy (2004).

[11] See Bertrand (1999, p. 16). Bell et al (1998, pp. 367–370) note however that traditionally French law has regarded personal and sexual relations, family, medical health, correspondence and home address as all within the domain of private life.

[12] Source: http://www.senat.fr

[13] The three photographers concerned were finally acquitted of breaching French privacy laws on 28 November 2003. Previously it had been established through the courts that the inside of a car, even on a public road, is a private place. However here the court ruled that a crashed vehicle on a public road was not a private area. See Henley (2003).

[14] Thus two lesbians won 50,000 F (5,000 €) in damages from a magazine which had published a photograph showing them taking part in a Gay Pride march. They argued successfully that their sexuality, which they had hitherto kept secret from their employers, had been revealed as a result (cited in Bertrand, 1999, p. 202).

[15] Bertrand notes (1999, pp. 201–202) however that photographs of members of the public that are not demeaning in principle attract no more than 30,000 F (3,000 €) in damages. The subsequent ruling on the Ronis case did exceed this sum but the fact remains that illicit photographs of celebrities and public figures are punished with far higher fines.

[16] See Douin (2003a,b) and Regnier (2004a,b). Lopez brought two cases concurrently. The first case brought before the Conseil de Prud'hommes in Perpignan was rejected: the court dismissed Lopez's claims that the promotional work he undertook for the film constituted a contract of employment. An appeal against this decision was rejected by the Cour d'Appel in Montpellier on 31 March 2004. The second case before the Tribunal de Grande Instance de Paris began on 15 June 2004, where Lopez claimed damages of 250,000 € for breaches of his image rights and unlawful use of his intellectual property. His case was finally rejected on 26 September 2004.

[17] The bill was tabled by the Socialists in the Assemblée Nationale on 16 July 2003, led by Patrick Bloche (Proposition de loi no. 1029).

[18] Source: http://www.assemblee-nat.fr/12/propositions/pion1029.asp (date accessed 13 January 2005).

[19] For further elaboration of these aspects, see Davis (1996, pp. 34–62).

[20] See Joubin (1932, p. 232), cited in Scott (1999, p. 332). Thanks to John Perivolaris for drawing my attention to this quotation.