August 6, 2013 Arts & Culture

Remember how Arne Svenson took photos through his neighbors’ windows, raising their ire? A press release from the law firm of Cowan, DeBaets, Abrahams, & Sheppard just came in:

In a victory for the First Amendment rights of artists, Cowan, DeBaets, Abrahams, & Sheppard LLP client Arne Svenson prevailed in an action seeking an injunction to prevent the display and promotion of Svenson’s recent series of photographs entitled “The Neighbors.” Svenson’s photos study the tension between privacy and anonymity in an urban environment, where people live side by side and are only seen through the filter of their glass windows. One of the residents of the building sued, asserting violation of New York Right of Privacy Civil Rights Section 50/51, New York’s privacy statute that prohibits the use of one’s likeness for purposes of advertising or trade.

The Supreme Court of the State of New York granted Svenson’s motion to dismiss in its entirety, ruling for the first time that photographs are expressive works entitled to full First Amendment protection and shielded from the New York Statute. Lead counsel on the case, CDAS partner Nancy E. Wolff, said “I have always maintained that photos are entitled to First Amendment protection as expressive works, irrespective of whether they are sold.”

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