[cc-licenses] Distribution of picture on the internet in US-law?
Joichi Ito
jito at neoteny.com
Thu Oct 4 19:49:15 EDT 2007
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.
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