Friday, January 17, 2014

FOSTER V SVENSON - ART AND RIGHT OF PRIVACY

Many years ago, I was consulted on a similar (but less "Rear Window") matter where an individual was, without consent, prominently featured in a crowd scene in a music video. There is much commentary on this case (I just read about it in Readers Digest):

Foster v. Svenson 2013 NY Slip Op 31782

On October 24, 2013, the Appellate Division, First Department (M- 4562/ Index No. 651826/13) issued the following order:

"An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about August 5, 2013,

And plaintiffs-appellant having moved for an order in the nature of a preliminary appellate injunction pursuant to CPLR 5518 directing defendant-respondent from refraining from all display, dissemination and sale of the subject photos and from photographing plaintiffs-appellants and/or their children in their apartment, pending hearing and determination of the appeal taken therefrom,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent that defendant-respondent is enjoined from photographing plaintiffs and their children in their apartment and from displaying disseminating and/or selling the subject photographs of plaintiffs and/or their children, pending hearing and
determination of the appeal, on condition the appeal is perfected on or before January 27, 2014 for the March 2014 Term."

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