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cc-licenses - Re: [cc-licenses] Distribution of picture on the internet in US-law?

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Subject: Development of Creative Commons licenses

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  • From: paola.dimaio AT gmail.com
  • To: "Discussion on the Creative Commons license drafts" <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Distribution of picture on the internet in US-law?
  • Date: Fri, 5 Oct 2007 09:59:37 +0700

> >
> > 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.

I would say that it cannot be over yet - while it is acceptable to
balance the right to artistic expression and privacy, it is not
acceptable that one trumps the other
Also, I would expect that economic compensation is due, if there has
been financial gain

otherwise it becomes a case of the court negleting its obligation to fairness
(next lawsuit I guess ;-)


pdm
> >
> > 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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--
Paola Di Maio
School of IT
www.mfu.ac.th
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