hi all,

apologies for those that get this as a cross-post from cc-license  
mailing list, but this is interesting follow-up to a story and legal  
case that was discussed in this videoblogging group some time back.

interesting outcome

markus

Begin forwarded message:

> A relatively recent relevant case from New York:
>
> http://www.nytimes.com/2006/03/19/arts/design/19phot.html?
> ex=1300424400&en=f7e05d1e10cf9b14&ei=5090&partner=rssuserland&emc=rss
>
>> When Erno Nussenzweig, an Orthodox Jew and retired diamond merchant
>> from Union City, N.J., saw his picture last year in the exhibition
>> catalog, he called his lawyer. And then he sued Mr. diCorcia and
>> Pace for exhibiting and publishing the portrait without permission
>> and profiting from it financially. The suit sought an injunction to
>> halt sales and publication of the photograph, as well as $500,000
>> in compensatory damages and $1.5 million in punitive damages.
>>
>> The suit was dismissed last month by a New York State Supreme Court
>> judge who said that the photographer's right to artistic expression
>> trumped the subject's privacy rights. But to many artists, the fact
>> that the case went so far is significant.
>>
>> The practice of street photography has a long tradition in the
>> United States, with documentary and artistic strains, in big cities
>> and small towns. Photographers usually must obtain permission to
>> photograph on private property — including restaurants and hotel
>> lobbies — but the freedom to photograph in public has long been
>> taken for granted. And it has had a profound impact on the history
>> of the medium. Without it, Lee Friedlander would not have roamed
>> the streets of New York photographing strangers, and Walker Evans
>> would never have produced his series of subway portraits in the
>> 1940's.
>


via Joi Ito

-- 

Markus Sandy
http://apperceive.com



[Non-text portions of this message have been removed]



 
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