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Hoepker v. Kruger, 200 F. Supp. 2d 340 (S.D.N.Y. 2002))

Practice Area: Intellectual property

Outcome: Matter dismissed

Description: While an associate at Luce, Forward, Hamilton, and Scripps, LLP, Mr. Wallach successfully defended the Museum of Contemporary Art, Los Angeles and The MIT Press in a high-profile copyright/privacy action where a photographer, and the model in his photograph, sued a famous artist for incorporating the photograph into a piece of her own artwork (even though the photo was in the public domain when incorporated). The Court also held that the model in the photograph did not have a valid “right-to-privacy” cause of action.

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