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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.
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!!!
There’s an appeal planned, so I doubt we’ve heard the last of it.
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.
Very Nice portrait. Good contrast and use of light really make this images stand out.