Photography discussion

**"Rich Pomerantz" r*@richpomerantz.com**

Nan - 

There is almost nothing in this cited case that is applicable to the prior discussion about garden photography. This decision is actually the DISMISSAL of a case brought for invasion of privacy through the display in a gallery of a fine art photograph of the plaintiff, made without his knowledge while walking in the street.  It's being dismissed because the plaintiff brought the case after the passing of the applicable statute of limitations so there is no substantive issue being addressed in this decision. The decision does make mention of some of the legal issues involved in displaying or selling an image of a PERSON without their permission, but nothing in this discussion is germane to the facts of the case since it is being dismissed before any consideration of the substance of the case. That discussion is what lawyers call dicta - it is simply there as background.

For the lay person, it could serve as an introduction to a few of the issues involved where a PERSON is photographed without their knowledge or agreement, but it's far from a complete discussion. More to the point we talked about in this forum previously there is nothing in this decision dealing with photographing property, and while I will concede that some of the issues are similar to unauthorized images of a person, they are certainly not the same.

Rich Pomerantz
rich@richpomerantz.com
www.richpomerantz.com
(860)355-3356

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