Ethics vs. freedom of artistic expression?

Apologies for not writing anything useful following the Skype session on reflection and Ethics.
The discussion opened my mind to so many avenues of thought that I find myself wandering down many new avenues of thought and getting distracted.

                                                         From the play "ways of seeing"                                                                                                                 FOTO: LEIF GABRIELSEN

However the discussion on ethics caught my attention. There has been a case in the Norwegian press recently which has raised a discussion on the balance between ethical practice and the importance of freedom of artistic expression. The play "Ways of seeing" presented at Oslo Black Box theatre by Pia Maria    Roll provoked an intense political discussion and a legal battle.
The producer, director and actors were charged with violation of privacy for using film of the home of the Minister of justice Tor Mikkel Wara in the play. The film was taken and used without the permission of the home owner. A lot of prominent people in the theatre world mean that these charges are an attack on freedom of artistic expression but I am wondering if ethically the producer should have considered asking permission before using these images. The theatre has admitted that the play has provoked controversy and raised ethical issues, but they support the use of the film claiming it was taken from such a distance as to be within the law.
I had not really paid attention to the case until our discussion on ethics last week brought it to my attention. I think based on that discussion that permission should have been sought to avoid what has become a serious political and legal battle. Any thoughts.