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photography discussion

<I think the issue of how we can use our photographs and the distinction between art and commerce is directly germane to our prior discussion. Inasmuch as many places prohibit the use of photographs for "commercial" purposes, any discussion of the distinction between art and commerce is valuable--and should serve as at least a guide as to what we can do. 
In our context, I could care less about the summary judgment. I'm fascinated by the courts discussion of the substantive issues--and their discussion of the other cases, which are binding.>

Carlo, my point (not well made I see) was that this decision does not really contain a "discussion of the substantive issues". When lay people read a decision like this it's common to make exactly this error: taking a small mention or reference to a subject and extrapolate it out to a much larger issue. It's great if the extremely cursory listing of a few issues in this irrelevant decision piques your interest in the field enough to go do some reading on the subject, but I read your initial email to say that 1) this case was a decision of law regarding authorization to photograph gardens, and 2) That it had a comprehensive discussion of the law. Neither is the case. 

I am real good at removing splinters from my child's fingertips, but that doesn't mean I can teach you how to do heart surgery. 

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