A dispute between a top photographer and a Hasidic Jew who holds that the use of his image violates religious bans on graven images turned on the question of whether the photo constitutes commerce or art. The photographer surreptitiously took a picture of the man in Times Square, then sold prints for at least $20,000 each. As commerce, the picture would be subject to restrictions set forth in New York's right-to-privacy laws; as art, it would not. The disputed photo, a New York justice has ruled, is art.
'Art' Photo Is Not Subject to Privacy Law, Judge Finds
New York Law Journal
February 13, 2006