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Archive 2013 · Apparently in NYC you can use people's image w/o permission
  
 
Trey Neal
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p.1 #1 · p.1 #1 · Apparently in NYC you can use people's image w/o permission


http://www.nypost.com/p/news/local/manhattan/people_versus_peeper_tossed_zYgHG9Lm4nxUIeVsKWqmrI


Aug 09, 2013 at 03:37 PM
TT1000
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p.1 #2 · p.1 #2 · Apparently in NYC you can use people's image w/o permission


NY Post. Funny.

Better --- >

http://tinyurl.com/ly45ze9

FYI, the Supreme Court is the name of our general trial court. So it's a ruling issued by a trial court in Manhattan.




Aug 10, 2013 at 08:33 AM
Mr Joe
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p.1 #3 · p.1 #3 · Apparently in NYC you can use people's image w/o permission


PDN has a good short summary of the case: http://www.pdnonline.com/news/Judge-Dismisses-Priv-8708.shtml

Nothing has changed in the law, or the nuances of how the law is interpreted. This case was really about a bunch of rich people being pissed off that their photo was taken surreptitiously. And I understand why they'd be mad. But the law is the law.

See Nussenzweig v DiCorcia for another interesting example of clandestine photography and a dismissed lawsuit.



Aug 10, 2013 at 02:46 PM
RustyBug
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p.1 #4 · p.1 #4 · Apparently in NYC you can use people's image w/o permission


So this is what makes "street art" legal

Curious if Illinois has similar cases on the books (or Federal that would have Illinois jurisdiction). I've refrained from using "identifiable" images in the past. That and I've been routinely challenged in public by people who felt I was not allowed to take their picture. I've always marveled at the plethora of images from the seemingly commonplace/unchallenged aspect of others ability to shoot (identifiable) street art. I'll need to check this one out further.

While, I don't plan on shooting into open windows of people's homes ... but the window was open for all to see (camera or no camera). Ummm, most folks I know close the drapes/blinds when they want privacy.

I think I'll be keeping this one close at hand. (Like in my wallet/truck to show the cops when people complain that I'm taking pictures that might include them). People being people in public can make for some very interesting imagery. So, for art purposes (and saleability) it would seem that model releases are not required according to this. Similarly, the issue of property release (for saleable art purposes) would seemingly follow.

Thanks much for the link. Would like to learn more on the topic.

Excerpted from the link:
http://tinyurl.com/ly45ze9







Aug 10, 2013 at 03:08 PM
 

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mdude85
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p.1 #5 · p.1 #5 · Apparently in NYC you can use people's image w/o permission


So, for art purposes (and saleability) it would seem that model releases are not required according to this.

I'm not certain what the term "saleability" means, but to my knowledge, a model release is not legally required for any type of project (commercial, artistic, editorial, etc). The state law just requires consent to use the person's name, portrait or picture for commercial or advertising purposes.

So while the model or property release is a form of consent, that particular form is not required if consent has been granted in some other way.

In this case, consent (of any form) is not required for the artistic purpose. And this decision only relates to the laws of New York state.

Now the artist has said that he has removed the photos from his website, but as of my writing this post, they are still there -- and appear in a number of other third party publications as well.



Aug 12, 2013 at 03:59 PM
RDKirk
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p.1 #6 · p.1 #6 · Apparently in NYC you can use people's image w/o permission


Nussenzweig v DiCorcia attempted to pit state privacy laws (which includes laws prohibiting public disgrace and humiliation, which was alleged in that case) against the First Amendment, and the First Amendment won.

The Svenson case brought in NY state "peeping tom" law as well.

When I read over several state peeping tom laws a couple of months ago after reading about Svenson, I was rather surprised that they aren't as rigorous as I'd thought they'd be. I checked NY, PA, IL, and TX...and even Texas set the circumstances pretty narrowly...more narrowly than the details I'd read in the Svenson case.

The bottom line seems to be that if you're on your own property or on public property and the images are not sexually licentious, there seems to be little bar against taking them.




Aug 17, 2013 at 01:44 PM
Jeff Donald
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p.1 #7 · p.1 #7 · Apparently in NYC you can use people's image w/o permission


If the photographer is standing on public property and the subject is on public property how much expectation of privacy do you expect? Why do you think it is called public property? This concept is almost universal in all 50 US states. Once the photographer and/or the subject get off public property the rules get a little murkier.

But it is important to remember that the above case refers to "artistic use" and the commercial use of such photos are governed more by the concept of the right to publicity and model releases or payment for usage are usually required.



Aug 23, 2013 at 02:17 AM
Paul Mo
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p.1 #8 · p.1 #8 · Apparently in NYC you can use people's image w/o permission


In any case consult a specialist lawyer.

In general terms if you shoot a person and use that image on a calendar - it's commercial and you need a release. If you are shooting 'documentary' and include their image in a book - it's fair use.

I can hear the lawyers laughing already.



Aug 23, 2013 at 09:14 AM





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