When the first court ruling came down in 2013, this came down, with signature restraint, from The New York Post: “Judge backs the right of creepy Tribeca artist to photograph people through their windows.” Two weeks ago an appeals court upheld that decision, and The Hollywood Reporter announced: “Artist who spied on neighbors with telephoto lens beats privacy claims.”
Welcome to the affair of Arne Svenson, a fine arts photographer of considerable skill. He spent a year using a 500mm telephoto lens he got from a birdwatching friend to shoot thousands of pictures of his unwitting neighbors through the windows of their plush apartments across the street from his in Lower Manhattan. When some of Svenson’s photos were offered for sale at a high-end New York gallery in 2013, he was sued for, among other things, invasion of privacy.
Although they’re described in some quarters as “voyeuristic,” there’s nothing salacious about his pictures. They’re tasteful, and they’re cool. They’re photos of legs and of dogs, of reclining figures, of shadows and profiles, of children shot from behind, of blurred couples interacting and, perhaps, arguing. By and large, you can’t tell who the people are, and that anonymity, it’s suggested, universalizes the images. They’re framed by the crisp lines of their living-room windows, and the results look very much like art.
“I find the unrehearsed, unconscious aspects of life the most beautiful to photograph, as they are most open to interpretation, to a narrative,” Svenson said in 2013. “A dramatic moment has the single power of action, but tiny, linked moments are how we mark time on this earth. I am much more interested in recording the breath between words than I am the actual words themselves.”
So? How much of that matters? Here those people are, inhabiting “the breath between words,” tending to household pleasures, fussing or napping, scolding their kids, eating their prunes or flirting with their mates or scratching their butts, and some faceless guy across the way using some mid-tech peephole captures these images—and decides how much of what’s captured should be shared with (and peddled to) a vast audience of strangers. Don’t expectations of privacy matter? Does artistic flutter trump personal sanctuary?
The New York courts, applying a century-old law intended to keep an individual’s likeness from being used in advertisements without consent, decided that state privacy protections had to yield to Svenson’s expressive freedom under the First Amendment. That’s because a huge “newsworthy and public concern exemption” to privacy safeguards had been carved out, and although there’s nothing remotely newsworthy about Svenson’s images, it applies to literature, movies and works of art as well.
Now, newspeople are used to basing their right to ignore primordial privacy claims on such matters as where the photographer is shooting the picture from (a sidewalk, e.g.) or where the figures being shot are standing (if they’re in a Continue reading