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Re: Censorship issues

If you wish to pursue this  you (or maybe they) need to be more specific
about just what kind of liability, and to whom, they are concerned about. It
seems reasonably certain that no viewer is going to go into a state of
compensable mental distress, shock, or other type of mental or emotional
damage over seeing this image.Therefore, I assume the school is not
concerned about damages suffered by potential viewers.

The only other kind of liability I can think of involves possible loss of
grants or other funding., This isn't really "liability" in the usual sense,
unless conceivably the school entered into some sort of a "non-controversy"
contractual arrangement as a condition to receiving a grant, which seems
unlikely. Even if they are concerned with something of this nature, I don't
know why they'd be asking you to sign something since nothing you could sign
would protect them from this kind of loss.

Steve's advice to just accept it may be the best practical advice but if
you're really upset ask them to obtain a written opinion from the school's
general counsel expressing his or her opinion as to the liability issue. If
the school is of any size at all it will have at least one full time
salaried staff attorney so it won't cost anything to obtain an opinion. This
will at least allow you (and them) to determine whether there is any real
basis for their concern or whether they're just using legal liability as an
excuse for avoiding a controversy.


----- Original Message -----
From: "Steve Shapiro" <sgshiya@redshift.com>
To: <alt-photo-process-l@skyway.usask.ca>
Sent: Sunday, October 22, 2000 3:15 AM
Subject: Re: Censorship issues


>
> ----- Original Message -----
> From: "Gary Miller" <gmphotos@earthlink.net>
> To: "Alternative Photo Group" <alt-photo-process-l@usask.ca>
> Sent: Saturday, October 21, 2000 5:37 PM
> Subject: Censorship issues
>
>
> > I thought that the collective minds of the list might be able to help
with
> a
> > situation that I am currently encountering.  I am a graduate student who
> > will finish my MFA Fine Art Photography degree in December.  As part of
my
> > final review/graudation I am entitled to a gallery show at my school in
> one
> > of their galleries.  I recently presented copy slides of the 15 images
> that
> > will appear in my final show to my department director for approval.
The
> > series is a group of figure studies of men and women.  He approved the
> > images, but with one exception.   The fear is that the school can
somehow
> be
> > held legally responsible for any ramifications that the display of this
> > controversial image may bring.  In order to have the possibility of
> > displaying this image I have been asked to produce some sort of
> > documentation that indicates that the school (the gallery providers) are
> not
> > liable or responsible for the content of the exhibit.  I was hoping
> someone
> > might me able to provide me with some references or legal citings that
> would
> > satisfy this requirement, or any other ammunition that you may provide.
> > Thank you for your assistance.  You may email me offlist at
> > gmphotos@earthlink.net.  Thanks
> >
> >
> > Gary Miller
> >
> Censorship issues rest on the responsibility of the venue.  The school is
> responsible and your declaration gives you freedom.
>
> Laws are 'to protect me, not restrict you' here is an interpretation but
one
> view is that it protects thee.
>
> The only liability would be if the elimination of one picture would effect
> your grade for not having met the accomplishment, requsite number of
prints;
> and by their descrimination they restrict orlibel your reward.
>
> Without material penalty there is nothing but pride, here.
>
> Sign their paper and stand tall.  I pray you get an 'A'
>
> S. Shapiro
>
>