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Photographer sued for landscape photos
<It is indeed a critical sentence, but it says, the artist "...entered Dixie Plantation some time in 2006 without permission to shoot a photograph..."
It doesn't say he entered illegally, and the crux of the lawsuit is that he took the photograph without permission, not that he entered without permission.>
Funny how one can read something three or four times and not see it, as I did. Nonetheless I don't think it matters - that's just the Foundation trying to hang their hat on something, and it's very flimsy. If it's open to the public & he was there legally, it's not posted with signs stating what's allowed or not, they can't claim after the fact that he can't use it. And I still think the restrictive covenant applies to the school, not to third parties. One has to have some contractual or legal relationship to be bound by a restrictive covenant like that, and third parties like a visitor from the general public do not have that kind of relationship.
Just my opinion, of course.
Rich
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