New York's Creepiest Photography Breaks No Law... But Artists Shouldn't Celebrate Yet

New York's Creepiest Photography Breaks No Law... But Artists Shouldn't Celebrate Yet

Photographer Arne Svenson had a Nikon super-telephoto lens. He liked to use that lens to take pictures of his New York City neighbors (including unclothed minors) in their apartments and turn the prints into an art exhibit almost as controversial as Mapplethorpe's in his heyday. And the First Department of New York's Appellate Division stated last week that Svenson's photography show broke no New York law and violated no regulation when he did just that. 

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Can Infringement on Etsy, CafePress, or Ebay be Considered "Fair Use?"

Sure, you know that someone registered the trademark to that logo you mock on those t-shirts you sell on CafePress. Or you've crafted a functional sculpture from food packaging that sells like hotcakes on ebay. Maybe you've printed a few lines from a famous song onto a mug and gave it the tag "Beyonce" in your Etsy store. But you can do it, right? It's fair use, right?

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