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For most of its history, photography had to argue that it was an art at all. Why that argument is worth revisiting now, from the first cameras to the Haitian earthquake of 2010.
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For most of its history photography had to argue that it was an art at all. That argument is worth revisiting now, because the thing photography was defending has become scarce.
On 12 January 2010, minutes after the earthquake, a Haitian photojournalist named Daniel Morel began photographing Port-au-Prince and posting the pictures to Twitter. They were among the first images out of the city. Within hours they had been lifted from the platform and distributed worldwide by Agence France-Presse and Getty Images under somebody else’s credit.
Morel sued. In November 2013 a New York jury found both agencies liable for willful copyright infringement and awarded him 1.2 million dollars, the statutory maximum. The case is now cited whenever somebody assumes that a picture on a social platform is free to take.
Two things in that story matter here. The first is that photographs are made by a person who was standing somewhere, at a cost, and the medium’s apparent automatism keeps inviting people to forget it. The second is that the value of Morel’s pictures rested entirely on the fact that they were true: he was there, and the city was as he showed it. Photography’s authority has always come from that claim, and that claim is the thing now under pressure.
Photography was announced in 1839 in two incompatible versions.
Louis Daguerre’s process produced an image directly on a silvered copper plate. The detail is astonishing and the object is beautiful, a small mirror that holds a picture when tilted to the light. It has one fatal property: it is unique. There is no negative, so a daguerreotype cannot be copied except by photographing it again.
William Henry Fox Talbot’s process, developed in the same years, produced a paper negative from which any number of positives could be printed. The images were softer and, at first, far less impressive. They were also reproducible.
Reproducibility won, and the whole subsequent history of the medium follows from that. A negative makes photography a publishing medium rather than a portrait novelty, and it introduces a distinction unique to photography, between the taking and the printing. Two prints from one negative can differ enormously, and that is the crack through which authorship entered a mechanical process.
The objection to photography as art was straightforward: the machine does the work, so where is the artist. The answers came in two waves, and they contradicted each other.
The first wave, pictorialism, answered by making photographs look less photographic. Soft focus, textured papers, hand-worked negatives, subjects borrowed from painting. The argument was that the photographer’s intervention proved the art.
The second wave reversed it. If photography is an art, its art must lie in what only photography can do: an unbroken depth of field, a sharpness the eye cannot sustain, a fragment of the world cut out of its surroundings. The photographers who took this position organised around straight, unmanipulated printing in the first decades of the twentieth century, and their position eventually became the default.
What is interesting is that both camps accepted the same premise, that photography needed to prove authorship. The question was never settled by argument. It was settled by a body of work large enough that people stopped asking.
The persistent misconception is that a photograph is found rather than made. In practice there are five decisions, and they are all authorship.
Where to stand. The single most consequential choice, and the one no equipment can supply. It determines what overlaps what, what is included, and what relationship the viewer has to the subject.
When to release. Timing is composition in a medium where the subject moves. The idea of a decisive moment is not mysticism; it is the observation that in most unfolding situations there is one instant when the elements arrange themselves legibly, and it does not last.
What to exclude. A frame is a set of edges, and every edge is an act of omission. This is the source of most photographic dishonesty and most photographic grace, and by definition it is invisible in the finished picture.
How much to keep sharp. Aperture decides what the picture is about. A shallow depth of field says this one thing. A deep one says all of this at once, equally.
How to print. Contrast, tone, cropping, warmth. Two printers working from one negative will produce two different pictures, and in the darkroom era the printing was frequently the larger half of the work.
No other medium depends so completely on words it does not contain.
A photograph shows that something appeared a certain way in front of a lens. It cannot say where, when, who, or why, and it cannot say what happened one second earlier. All of that arrives in the caption, from someone whose interests may not match the photographer’s, and a caption can reverse a picture’s meaning without touching a pixel.
This is why documentary photography has always been ethically complicated in a way painting is not. The great social documentary projects of the twentieth century produced unforgettable images and also produced sustained argument about consent, about dignity, and about whether people photographed in hardship were served by it. Those arguments are not settled and should not be, and they apply with full force to disaster coverage in the Caribbean, where the supply of photographers rises sharply after a catastrophe and falls immediately afterwards.
The practical test is a fair one to apply to any published photograph: would the person in it recognise the story the caption is telling.
A short list, chosen for consequence rather than fame.
Talbot made the negative, and therefore made photography reproducible.
The straight photographers of the early twentieth century established that sharpness and the full tonal range were an aesthetic position rather than a technical default.
The documentary photographers of the 1930s made the photograph an instrument of public argument and, in doing so, raised every question about representation the field still lives with.
Gordon Parks used a camera as, in his own framing, a weapon against poverty and racism, and moved between social documentary, fashion and film in a way that broke the assumption that a photographer belongs to one genre.
George Tice spent a career proving that the ordinary American landscape is a subject. Born in Newark in 1938 and a lifelong New Jerseyan until his death on 16 January 2025, he photographed Paterson twice, in a book of 1972 and again in 2006, and revived platinum printing when the process had been effectively abandoned. His pictures of a petrol station, a street of row houses, a water tower, argue that you do not need to travel to find a subject worth the attention.
Daniel Morel established, expensively and in court, that a photograph published on a platform still belongs to the person who made it.
Photographic genres are usually presented as aesthetic categories. They are better understood as descriptions of the constraints a photographer is working under, because the constraints produce the look.
Portraiture is the genre with a second author in the room. The subject is aware, is performing some version of themselves, and has an interest in the outcome. Everything characteristic of good portraiture, the long setup, the talking, the waiting for the face to settle, is a way of managing that.
Reportage has no second take and no control of light. Its discipline is anticipation: being in the right place before the thing happens, because afterwards is too late.
Still life and studio work have total control and therefore no excuses. Every element in the frame was chosen, so every element is a statement, and the photographer has to answer for the background.
Landscape controls nothing except when to arrive. Its real medium is time of day and weather, which is why landscape photographers talk about returning to a place rather than finding it.
Knowing which set of constraints produced a picture is most of the work of judging it fairly. A studio portrait and a press photograph made on a street are not competing at the same thing.
A photograph’s long life depends on two things that have nothing to do with how good it is: whether the negative or the file survives, and whether anyone can find out who made it.
Both fail more often outside the wealthy archives. A newspaper that closes takes its picture library with it. Negatives stored in heat and humidity degrade within decades. Freelancers who covered a region for foreign outlets frequently retained no copies, because the film went out in the bag and never came back, and their names sit in a caption line that later reproductions drop.
The consequence is a lopsided visual record. Events in the Caribbean are heavily photographed at moments of catastrophe by people flown in for a week, and thinly photographed the rest of the time by local photographers whose work is less likely to be archived, credited or licensed. What survives is therefore not a record of the place. It is a record of when outside attention arrived.
This is why the Morel judgment matters beyond its dollar figure. The default assumption in a hurry is that an image circulating without a credit belongs to nobody, and the people that assumption costs most are the photographers who were already there. Naming the photographer is not a courtesy. It is the mechanism by which a body of work becomes findable, licensable and eventually collectable, and it is free.
For a publication, the practical version is a rule rather than a sentiment: no photograph runs without a credit line and a date, and a picture whose source cannot be established does not run at all.
For most of two centuries a photograph carried a weak but real guarantee: someone was there. That guarantee is what made the medium useful as evidence, and it is why a photograph of a place feels different from a painting of it.
Synthetic images remove the guarantee. A convincing picture of an event that did not happen is now cheap to produce, and the effect is not only that false images circulate. It is that true ones lose some of their authority, because any photograph can now be dismissed as generated.
Two responses are worth taking seriously. The first is technical: provenance standards that attach a verifiable chain of custody to an image from the moment of capture. The second is editorial and much older: naming the photographer, saying where and when, and being willing to explain how a picture was obtained. A publication that does this consistently is building the only asset that survives the change, which is a reason to be believed.
For the related skill of reading what is inside the frame, see our piece on how to read a picture.
Start in New Jersey with George Tice, because his subject is the state itself and because his prints reward being seen rather than reproduced. Look for platinum prints in particular: the tonal range is longer than a silver print and the surface is matte, so the image sits in the paper rather than on it.
Then do the exercise that teaches most for least effort. Photograph one subject from five distances, moving your feet rather than zooming, and keep all five. The differences will not be about detail. They will be about what relationship each picture proposes between you and the thing, and that relationship is what a photographer is actually choosing.
And when you next see a news photograph that moves you, find the photographer’s name before you share it. If the outlet has not printed one, that is information too.
This article consolidates and replaces three shorter pieces previously published separately on the art of photography, photography as fine art, and influential photographers. The earlier URLs now redirect here.
Sources for dates and attributions: contemporary reporting and court records on Agence France-Presse v. Morel, decided in the Southern District of New York in November 2013, awarding Daniel Morel 1.2 million dollars in statutory damages for willful infringement of his 12 January 2010 Haiti earthquake photographs; published biographies of George Tice, born in Newark in 1938, on his Paterson books of 1972 and 2006 and his revival of platinum printing.
Corrected on 2 October 2026. An earlier version of this article described George Tice without noting that he has died. The correct information is that he died on 16 January 2025, aged 86.
Gosselin Funeral Home, Obituary for George Andrew Tice
Wikipedia, George A. Tice
About the author
CreARTivity Educational Team
The Educational Team writes CreARTivity's reference work: histories of artistic disciplines, guides to cultural traditions, and the county-by-county surveys of arts institutions across New Jersey. Its brief is to be useful to someone meeting a subject for the first time and still worth reading to someone who already knows it. Edited by Marie Juliane David.
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