Opinion 95-141

December 14, 1995

Digest:         A judge may allow her photograph to be used as part of a photographic exhibit of prominent local women to be displayed in local public libraries in the absence of any commercial use of the exhibit by the photograph.

Rule:            22 NYCRR 100.2 (c)

Opinion:

         A judge has been asked permission to allow her photograph to be used as part of a photographic exhibit of prominent local women, which is to be displayed in local public libraries. The intention of the project, which was initiated by the photographer, is to provide "encouragement for young women to excel in school and advance into college."

         The inquiring judge is concerned that some commercial use might be made of exhibit by the photographer who is the owner of a local photography firm, which operates under a separate business name. However, the photographer has assured the judge that the only reference in the exhibit would be to the photographer's name, and there would be no reference to the name of her business. As stated by the photographer, "This is my personal project as a photographic artist and is not affiliated with my business."

         Under the circumstances described, it does not appear that the judge, by permitting her photograph to be used in the manner intended, would be lending the prestige of judicial office to advance the private commercial interests of the photographer. Accordingly, the Committee is of the opinion that the inquirer may allow her photograph to be displayed as part of the exhibit.