Re: Photography discussion

**jo ellen meyers sharp h*@sbcglobal.net**

Nan -- the case is about a professional photographer (DiCorcia) who 
took a bunch of photos on Times Square over a period of time. He 
published the photos in a work called "Heads," which had an 
exhibition at the Pace Gallery. One of the subjects (Nussenzweig) was 
an Orthodox Hasidic Jew, a member of the Klausenberg sect, who has 
strict beliefs regarding the uses of 'graven' images or images for 
commercial purposes. Nussenzweig sued DiCorcia, claiming a violation 
of his civil rights (use of image for purposes of trade).

What the brief responds to Nussenzweig's request to amend the 
original complaint, arguing that the statute of limitations (one 
year) should be defined as the last publication of the objected to 
item rather than the first. The judge disagreed, saying the statute 
of limitations was one year from the first publication and declined 
to amend the complaint.

Nussenzweig also wanted to amend the complaint to include new 
arguments, but again, the judge declined, saying they offer nothing 
new to the case.

In deciding the case, the judge ruled that the images were not used 
for trade. Nussenzweig had argued that by having an exhibit, DiCorcia 
hopes to sell the photos, thereby falling into the "commercial" 
category, an argument the judge dismissed. DiCorcia introduced a 
great amount of evidence to show the images were "art," and had not 
been used for any commercial purpose.

And, even though the use of the image was spiritually offensive for 
Nussenzweig, it did not consitute a violation of his civil rights, 
and the use of the image was protected. The case was decided in favor 
of DiCorcia and Pace.

jems

>Hi Carlo,
>
>I just looked at the link to this case and I apologize but I am just 
>not as fluent in legalese as I should be.  Would you mind summarizing 
>the issues and the decision in this case?
>
>Thanks
>
>
>On Mar 21, 2006, at 1:52 PM, carlobal@netzero.net wrote:
>
>>  Our recent discussion of issues regarding the use of photographs 
>>  taken in gardens was brought to mind again by the recent decision 
>>  in Nussenzweig v DiCorcia here in NY. I strongly recommend that 
>>  interested individuals read the decision (http://www.nycourts.gov/
>>  reporter/3dseries/2006/2006_50171.htm). While it is not a binding 
>>  decision on other courts, the discussion of issues like photography 
>>  without permission, the difference between art and commerce, 
>>  privacy vs. 1st amendment freedoms, etc. is fascinating and quite 
>>  relevant to those of us who tromp about with cameras. I've begun 
>>  looking at the cases this decision cites (some of which ARE binding 
>>  in their respective jurisdictions) to see where they and their 
>>  precedents might lead.
>>  Keep in mind that rules about photography on private property are 
>>  quite different and appropriate measures must be taken to use those 
>>  photographs.
>>
>>
>>  Carlo A. Balistrieri  (carlob@ridgewoodpower.com)
>>  The Gardens at Turtle Point
>>  79 Turtle Point Road
>>  Tuxedo Park, NY 10987
>>  Zone 6  (845.351.2049)
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-- 
Jo Ellen Meyers Sharp
Garden writer, author, photographer
Region III Director Garden Writers Association
Phone: (317) 251.3261
Fax: (317) 251.8545
E-mail: hoosiergardener@sbcglobal.net

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Post gardening questions/threads to
&quot;Gardenwriters on Gardening&quot; &lt;gwl-g@lists.ibiblio.org&gt;

For GWL website and Wiki, go to
http://www.ibiblio.org/gardenwriters