|Don't look -- unless you|
are a neighbour, that is ...
|Are long lenses only useful|
for bird-watching sessions?
A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait or picture of any living person without having first obtained the written consent of such person, or if a minor of his or her parent or guardian, is guilty of a misdemeanour.
“nothing contained in this Article shall be so construed as to prevent any person, firm or corporation, practicing the profession of photography, from exhibiting in or about his or its establishment specimens of the work of such establishment, unless the same is continued by such person, firm or corporation after written notice objecting thereto has been given by the person portrayed”.
|Allowed in NY|
“Undoubtedly, like plaintiffs, many people would be rightfully offended by the intrusive manner in which the photographs were taken in this case. However, such complaints are best addressed to the Legislature —- the body empowered to remedy such inequities (see Black v Allstate Ins. Co., 274 AD2d 346 [1st Dept 2000]; Yankelevitz v Royal Globe Ins. Co., 88 AD2d 934 [2d Dept 1982], affd 59 NY2d 928 ). Needless to say, as illustrated by the troubling facts here, in these times of heightened threats to privacy posed by new and ever more invasive technologies, we call upon the Legislature to revisit this important issue, as we are constrained to apply the law as it exists”.