"Daniel J. Matyola" <[EMAIL PROTECTED]> wrote:

>You are essentially correct.  The photographer -- or someone else who
>observed the scene being depicted -- must testify that the image
>accurately reflects the conditions in issue at the time in question.  No
>one every inquires as to whether the image was originated by traditional
>photography or digital photography.  That is besides the point, as long
>as a proper legal foundation has been laid by competent tesitmony that
>the image is an accurate depiction of what it purports to illustrate.

Absolutely correct.

By the way: Traditional film-based photographs can be scanned and printed, with
every bit as much potential for manipluation. Last Friday my S.O. testified in
court as an expert witness in a big dollar medical malpractice lawsuit (around
$1.5 million, IIRC). She brought a whole stack of prints (of malignant and
non-malignant tumor cells) to present to the jury. About a third of them were
digital capture and the rest were traditional film capture. All were digitally
printed on my Epson 1270. Neither the judge nor either of the attorneys even
*asked* about the technology used in making the photographs. They wanted the
expert witness' testimony of what the images were and her sworn statement that
they accurately represented what she saw through the microscope.

-- 
Mark Roberts
www.robertstech.com
Photography and writing

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