On 11/2/05, William Robb <[EMAIL PROTECTED]> wrote:

> A person can launch a lawsuit for pretty much any reason, if they desire.

true.  implicit in my question was that the lawsuit not be frivolous
or vexatious.

> If she finds the final picture to be defaming, and has given specific
> instructions to not show it, then she could launch a civil suit under the
> defamation laws, especially since now Shel had told the world he doesn't
> have permission to publish.

with the greatest of respect:  wrong!  defamation is the publication
or utterance of an untruth about someone.  truth is a complete defense
to the charge.  assuming that shel hasn't manipulated the photos, he
can't be sued for defamation.

> Commercial gain doesn't enter into it, it is a publishing issue, plain and
> simple.
> It would perhaps be little more than a nuisance suit, but it would still
> have to be dealt with.
> With the political climate in the USA regarding photographers, she migh very
> well succeed.
> I recall OJ Simbson was exonerated in the death of his ex wife (criminal
> law), but was successfully sued by her family under civil law.

she would still have to have a cause of action against him.  without
that, she can't sue.

-frank


--
"Sharpness is a bourgeois concept."  -Henri Cartier-Bresson

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