Negatives of a Decade: Recovering Lost Memories and Navigating Legal Challenges

Juan Álvarez
The Intersubjectivist
6 min readOct 16, 2024

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The project Negatives of a Decade stems from an intimate connection with photography and the desire to rescue memories that once seemed lost. This artistic and personal journey explores how memory and identity are preserved through images. In this context, artistic creation becomes a process of recovery, both physical and emotional. Photography not only freezes a moment in time, but also bears witness to the experiences that shape us.

Photo: Ozren Bobek, 1995, Gothenburg, Sweden

A Photographic Journey through the 90s and 2000s

This project spans the period between 1994 and 2004, documenting two cities that deeply marked my life: Gothenburg and Barcelona. The images were captured with two key cameras: the Minolta X700 and the Hasselblad 500C, faithful companions in my journey of self-discovery. As Susan Sontag reflects in her essay On Photography (1977), “to photograph is to appropriate the photographed.” This thought reflects the symbolic connection between the photographer and their camera, especially with the Hasselblad, which took on an almost animistic role in my life.

Photo: From left to right, Maria, Marc, Nico, Laura, Gabie and me in the out-of-focus center. 1998. Barcelona

An Emotional Bond with the Camera

Animism, as a philosophical and artistic current, holds that inanimate objects possess life or an essence. My bond with the Hasselblad 500C transcended the technical aspects; it was an extension of myself, an emotional companion. Roland Barthes, in Camera Lucida (1980), emphasizes that “what the photograph reproduces to infinity has occurred only once,” underscoring the emotional uniqueness that an image captures. This resonates even more in my project, especially after losing the camera during a period of emotional and financial exhaustion, when my connection to the world through photography had deteriorated. That loss was devastating, as the camera had been a refuge during difficult times. Ironically, despite the disappearance of my digital images, the negatives survived, holding memories that now resurface as witnesses to that crucial decade.

Cities as Protagonists: Portraits of a Decade through Loved Ones

Gothenburg and Barcelona were not merely backdrops in my life; they became silent protagonists, intertwined deeply with the people who were part of my story. My photographs not only capture urban landscapes, but also the expressions, gestures, and emotions of loved ones who inhabited those spaces. Through them, the cities come to life, revealing how the streets, parks, and corners of Gothenburg and Barcelona reflect both their architecture and the human connections that flourished there.

Photo: New Year’s Eve, 1999, Barcelona, ​​Spain

As Edward Soja notes in Postmodern Geographies (1989), cities not only shape urban life, but also permeate personal experience. My camera allowed me to capture that intersection between physical space and emotional life. Clifford Geertz, when discussing the “sense of place,” emphasizes that cities are not just backdrops, but lived spaces. Each portrait of friends, family, and close ones reflects a decade of shared experiences, and in each image, Barcelona and Gothenburg are not mere settings, but invisible protagonists in a story intertwined with the people I loved.

Legal and Ethical Challenges in Portraiture

The recovery of these images raises significant ethical and legal challenges. During the creation of this project, I did not consider the implications of portraying people in public and private spaces. At that time, my focus was on capturing the moment, not managing the rights of those portrayed. Now, as I face the publication of this material, the need to obtain the consent of those who appear in the images becomes clear.

Ariella Azoulay, in Photographic Truths (2006), introduces the concept of the “civil contract of photography,” where both the photographer and the subject establish a relationship of power and trust, and consent becomes essential. This contract, which was previously implicit, must now be formalized within the framework of current regulations.

Legal Frameworks in Spain, Colombia, and Sweden

Image rights laws vary from country to country, and in this case, given that the individuals portrayed come from different nationalities, it is essential to address these legal differences. In Spain, Organic Law 1/1982 protects the right to personal image and honor, requiring explicit consent to publish photographs of identifiable people, except in cases of public interest. In Colombia and Sweden, legislation also prioritizes privacy and consent, especially if the image could affect the person’s reputation.

Mitigation Strategies and Consent

To mitigate potential legal risks, the project will include links in the digital version of the book, allowing individuals to contact me if they wish to give their consent or request the removal of their image. This technological approach not only demonstrates my commitment to the rights of those portrayed, but also offers flexibility by allowing continuous content modifications through platforms like Smashwords.

This “dynamic consent” is an increasingly common practice in contemporary art projects, where the boundaries between art, privacy, and law are constantly intersecting. Photographers like Henri Cartier-Bresson and Martin Parr, who often document strangers in public spaces, have sparked similar debates about people’s right to control their image in art.

Photography as a Living Testimony

Negatives of a Decade is not just a book of photographs; it is a meditation on memory, identity, and the preservation of what has endured over time. As John Berger remarked in Ways of Seeing (1972), “every photograph steals a moment from death.” This idea resonates even more deeply in this project, as several of the people captured in the images are no longer with us. The photographs not only immortalize those moments but also keep alive the memories and connections with those who have passed away. In this sense, the negatives not only recover images once thought lost, but also the essence of those shared moments with loved ones. Digital technology allows us to revisit, reinterpret, and breathe new life into those memories, ensuring that they continue to accompany us, even though the people may no longer be physically present.

Photo: Self-portrait, 1994, Gothenburg, Sweden.

This project, in essence, is a story of resilience. Despite material losses, what persists is the story and the emotional connection. In addition to legal and ethical challenges, the process of publication faces the challenge of memory, ensuring that, even though the images may have been stolen, what remains can still tell a valuable story.

Finally, I want to take this opportunity to invite photographers, specialists in artistic and legal projects, as well as anyone with experience in similar initiatives, to offer their advice and information to help mitigate the risks of this project. I am open to receiving suggestions that will help me navigate the legal and ethical aspects of publishing this book. Additionally, I extend an invitation to anyone who has lost contact with me over the years and who appears in any of the photos, to reach out and help me obtain the necessary consent. Your collaboration will not only contribute to making this project safer and more respectful but will also ensure that these images can see the light in a way that honors all those who were part of my life during that time.

Let´s talk!

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The Intersubjectivist
The Intersubjectivist

Published in The Intersubjectivist

Welcome to The Intersubjectivist, where perspectives collide and truths intertwine. Dive into the depths of human experience, where reality is questioned, truths are challenged, and rebellion against conventional wisdom reigns supreme. Explore the intersections of philosophy, cul

Juan Álvarez
Juan Álvarez

Written by Juan Álvarez

Autor, filósofo y especialista en narrativa, creatividad, pensamiento disruptivo, y líder en servicios creativos. Story-Coach, guionista y marketer digital.

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