Скачать или смотреть Foster v. Svenson (2013) - Privacy Law

FACTS:
1. A photographer Arne Svenson lived in Manhattan and secretly photographed his neighbors through their apartment windows using a telephoto lens.
2. He later displayed and sold the photos in an art exhibition called "The Neighbors".
3. One family, the Fosters, sued him, arguing invasion of privacy and unlawful use of their images, especially since the photos included their children.

ISSUE:
Does photographing people inside their own home without consent, and then sell the images violate New York's privacy and publicity laws?

DECISION:
1. The New York court ruled in favor of Svenson (the photographer).
2. The court said the images were artistic expression, not used for advertising or trade in a commercial sense.
3. Because New York law only protects against the commercial use of a person's likeness (like in ads), the lawsuit failed.

REASONING:
1. The court recognized the discomfort of being unknowingly photographed at home but emphasized that artistic expression is protected under the First Amendment.
2. Since the photos weren't used in advertisements or endorsements, they didn't violate New York's privacy statute.

SIGNIFICANCE:
1. This case highlights the tension between privacy rights and artistic freedom.
2. Even unsettling or intrusive art can be legally protected if it doesn't fall under commercial exploitation.
3. It sparked debate about whether privacy laws need to evolve in the age of cameras and technology.

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