Friday, December 14, 2018

Nussenzweig Loses–Again!

Third time is not a charm for old Erno Nussenzweig, the Hasidic Jewish man made famous by Philip Lorca di Corcia. The New York State Court of Appeals decided on Thursday, November 15, 2007, that Erno’s suit against di Corcia was barred by the statute of limitations as applicable to a right of privacy claim. The Court basically concluded that the statute of limitations begins to run on the first “date of publication,” and not on the first date that the plaintiff first discovered that her/his image was being used without consent. Thus a plaintiff must commence the suit within one year of first publication, and not within one year of first discovery. Although stupefying, the Court’s decision states that an artist/photographer has the right to exhibit any images of private individuals, without their consent, so long as the artist/photographer is crafty enough to keep these images from the wronged party, or better yet, so long as the artist/photographer takes pictures of private citizens who are not likely to hang out in Chelsea galleries. One wonders if these judges collect art.

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Photographing the Dead

A bit belated yet nonetheless timely, the U.S. Supreme Court has ruled in favor of photojournalist Peter Turnley and Harper’s Magazine by upholding a March 2007 decision of the 10th U.S. Circuit Court of Appeals, which found that Turnley had a First Amendment right to take a photograph of U.S. Army Spc. Kyle Brinlee’s open casket at a large public funeral in Oklahoma and Harper’s Magazine had the same right to publish it.

Brinlee was killed May 11, 2004, in Al Asad, Iraq, when his convoy struck an IED. More than 1,200 people attended his public funeral in a high school auditorium in Pryor, OK. Turnley photographed the funeral and pictures from it were part of an essay published in Harper’s Magazine in August 2004 in an essay titled “The Bereaved: Mourning the Dead, in America and Iraq.” Turnley’s photographic essay compared how the war dead are buried and mourned in American culture alongside similar images of how the war dead are buried and mourned in Iraqi culture.

Brinlee’s father, Robert Showler, and his maternal grandmother, Johnny Davidson, filed suit in April 2005. A federal judge in Oklahoma ruled in favor of Harper’s and Turnley citing First Amendment and state law protections. The plaintiffs appealed and an appeals court upheld the judgement, saying that Brinlee’s funeral was newsworthy and a matter of public interest.


Banksy the Prankster Caught on Camera

The BBC reported this morning that a photograph has surfaced which may contain the first actual image of Banksy (pronounced Bank-see) ever caught on celluloid (or digital bits). The image captures the would-be Banksy working on a London street with an assistant and the help of paint, tools, and scaffolding.

(Click on image to enlarge, Image courtesy of the BBC)

The photographer, who wishes to remain anonymous, is familiar with Banksy’s work and took the shot in Bethnal Green as she was passing the artist at work.

Click here for a little more on this story.


Costco and Bulk Counterfeits

The Los Angeles Times reported today, Friday, October 26th, that the mammoth bulk-seller corporation known as Costco has reached a settlement agreement with artist, Cao Yong. Costco reached a settlement this week with Yong in an art-counterfeiting suit he had brought in U.S. District Court in Los Angeles. He claimed that the mammoth, members-only merchandising chain had sold phony prints of his paintings in Southern California and provided buyers with faked certificates deeming them “signed and numbered by the artist.”

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Richard Prince: A Mother Walks Into a Bar…

Regarding Richard Prince’s Guggenheim exhibition, Donn Zaretsky points to a past legal issue concerning Richard Prince and the once-young Brooke Shields. In 1975, Brooke’s mom, Terri Shields, gave photographer Garry Gross consent to use Brooke’s now famous image of her as a 10 year old standing in a bathtub. In the 1981 lawsuit, Shields v. Gross , Brooke commenced an action in tort and contract against Gross seeking compensatory and punitive damages and an injunction permanently enjoining Gross from any further use of the photographs. She lost. The issue at hand was weather or not an infant model may disaffirm a prior unrestricted consent executed on her behalf by her parent and maintain an action against her photographer for republication of photographs of her.


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Rotting Flowers and VARA

From Donn Zaretsky and Ed Winkelman comes good news for artists. After the dismal MASS MoCA decision, the artist Chapman Kelley has won a dispute with the Chicago Park District in federal court, in a case that bears on what can be classified as a work of art under the law.

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MASS MoCA Will Not Exhibit Büchel’s Artwork

After Christoph Büchel decided late yesterday to appeal Judge Ponsor’s decision to allow MASS MoCA to remove the yellow tarps and exhibit his art project, Training Ground for Democracy, without his consent, MASS MoCA decided today against removing the tarps and exhibiting it.

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