NY - Lawsuit Over Photo Of Orthodox Jew Dismissed
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New York - A judge has dismissed an Orthodox Jew's lawsuit, finding that a photograph taken of him on a street and sold for hundreds of thousands of dollars is art - not commerce - and therefore is protected by the US constitution's protection of free speech.
Manhattan state Supreme Court Justice Judith J. Gische ruled that the photo of the 80-year-old Emo Nussenzweig - a head shot showing him with white beard, a black hat and a black coat which was about 3 feet as was reported at that time on VOS IZ NEIAS - is art even though the photographer took it surreptitiously near New York's Times Square in 2001 and then sold 10 prints of it at $20,000 to $30,000 each.
posted by VOS IZ NEIAS @ 2/14/2006 07:20:00 AM
4 Comments:
At 8:47 AM,
Anonymous said…
Very Nice portrait. Good contrast and use of light really make this images stand out.
At 5:53 PM,
Anonymous said…
What a ridiculous ruling, how does one determine whether a picture taken is art or not? I hope the courts overturn the ruling, especially when it was taken without his knowledge.
At 5:56 PM,
Anonymous said…
There's an appeal planned, so I doubt we've heard the last of it.
At 9:17 PM,
Anonymous said…
I would imagine it would be smart of him to trademark himself and his image.Once done he can potentialy sue them for infringements or at least collect royalties.Nisht ah shlechte plon!!!
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