The New York photographer who provoked controversy by photographing his neighbors through their apartment windows and exhibiting the images in a show has fended off lawsuit for invasion of privacy. New York State court judge Judge Eileen  A. Rakower dismissed the claim against photographer Arne Svenson, ruling that the photos in question were protected by the First Amendment. She also ruled that the images did not violate New York State civil rights laws, as the plaintiffs had claimed.”An artist may create and sell a work of art that resembles an individual without his or her written consent,” Judge Rakower wrote in her decision, underscoring a central principle of the case.

via PDN.

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  1. After all the clamor, and finally seeing them in person, I too had to less than enthusiastically conclude, “Where’s the beef?” Artistically, legally, zzzzzz….

  2. Does this ruling negate the need formodel releases for any images that are not used in commercial advertising?

    • As far as I know, if you’re doing editorial, news or fine art photography you never need a model release in the first place.

  3. I think is good news! The key here is that none of the subjects were identifiable (the front of someone’s face). Although, that being said, I’m sure those folks that were photographed could probably have easily identified themselves through other means…which creeped the neighbors out! Maybe he should have sent his work to a west coast gallery, but then again the press (good or bad) is helping him make a name for himself.

    • It likely would still have been legal had they been recognizable. Celebrities have been taken by paparazzi for decades and been recognizable. The artist shot these pictures from his own apartment or other public venues having nothing to do with the subjects.

  4. Hey Arne, come around my house and take pics through my window and you get a bullet in your forehead you POS.

  5. If you look at the Neighbors it is innocuous. If reporters like Kembery Richardson used different adjectives (unbiased) to describe Svenson’s work there would have never been a lawsuit.

    Eliss B consult you attorney as did Svenson before he agreed to the shows. You certainly didn’t hear much when it was on display in LA.

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