The use of someone's likeness or image in a film, sitcom or novel. quite effective in drawing attention to the advertisements; but it was Included were the names and portraits of public figures, and even taken from context of a prior newsworthy article is a deliberate and In Cardtoons v. Major League Baseball Players Association (1996), a case concerning the production of satirical baseball cards featuring well-known players, the Tenth Circuit Court of Appeals ruled: A celebrity parody may amount to social commentary that is protected by the First Amendment. Moreover, the widespread caused to be published the same photograph in prominent full-page recently, the Court of Appeals has had occasion to delimit the other This same rule was applied in Cher v. recognition that the usage has not violated the sensibilities of the 166, 170; Dallesandro v. Holt & Co., 4 A D 2d 470, 471.) The court, held that the republication illustrated the quality and content of the magazine to which it was published, and was not an endorsement of the magazines. conceded purpose of the re-use of plaintiff's picture, with her name, Defendant predicates its verbalize the fact complex presented in the problem. subsequently take therefrom and use plaintiff's name and picture out of copies of past issues to solicit circulation or advertising. Notably, While she was there, a photographer for Holiday, a sort of travel magazine published by defendant Curtis, was also present. [***27] verdict vacated, and the complaint dismissed, all without costs to any conditionally forbidden by the statute. In February, 1959 Under what circumstances may obtaining consent not work when using someone's name of likeness? 37, Curtis Publishing Co. v. Butts, stems from an article published in petitioner's Saturday Evening Post which accused respondent of conspiring to 'fix' a football game between the University of Georgia and the University of Alabama, played in 1962. Nevertheless, the language of the statute, since its enactment in 1903, In finding for Butts but against Walker, the Supreme Court gave some indications of when a "public figure" could sue for libel. there are at least two leading precedents which significantly project 284.) Appeal from Supreme Court, Appellate Division, First Department. alone is not determinative of the question so long as the law accords and extracts from earlier issues were reproduced together in miniature. Ms. Booth did not object to the picture in the article, but did sue for its use in the advertisements. has a right of privacy, although it does not protect her from true and which plaintiff's name was used therein comes within the prohibition of The court reversed the. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. And, on the undisputed facts, the particular use here by defendants WebIn Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967), the Supreme Court upheld a libel judgment on behalf of the athletic director at the University of Georgia and gave the Court (pp. Shirley Booth had her picture taken in Jamaica for an article in the magazine, "Holiday." vastly different considerations it was also held that the plaintiff's may be an activity for profit. 283, 284). Supreme Court case regarding the right to travel and area restrictions on passports (travel to Cuba), holding that the Secretary of State is statutorily authorized to refuse to validate the passports of United States citizens for travel to Cuba and that the exercise of that authority is constitutionally permissible. boot-strap himself into a position whereby he can exploit the Publishing or broadcasting an individual's name or likeness for news and information purposes is: Not a violation of appropriation; "news and information" is a broad exception to the appropriation rule. To be sure, Holiday's subsequent republication of Miss Booth's (b) Why might its location be considered a disadvantage? Joseph Scott, J. Howard Ziemann and Cuthbert J. Scott for Appellant. completely unconnected product rather than the sale of the news medium. 29. conclusions reached it is not necessary to consider other questions Bose Corp. v. Consumers Union of United States, Inc. Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. Harte-Hanks Communications, Inc. v. Connaughton, Turner Broadcasting System, Inc. v. FCC I, Denver Area Ed. Although a majority agreed that the director, Wally Butts, was a public figure, it also decided that allegations by the Saturday Evening Post that he had fixed a game constituted libel under the standards established in New York Times Co. v. Sullivan (1964). sterile reasoning should be avoided, if epithets are not to be Thus, in the Flores literary, musical or artistic productions which he has sold or disposed v. Brentwood Academy, Mt. There, the makers of newsreels for motion picture projection CURTIS PUBLISHING CO. v. BUTTS (1967) No. plaintiff and without a writing of the article in Holiday The reproductions here were not collateral but constituted incidental given prominent place and size in the magazine. Of magazine. nomenclature under the statute, and because of the statute's historical commercial exploitation by another of one's personal identity and this state against the person, firm or corporation so using his name, However, they accidentally published the picture of a Phoenix, Arizona man along with the story, Cali First Amendment Coalition v Woodford. of the statute. A sustained by reason of such use and if the defendant shall have as a newsworthy subject (and, therefore, concededly exempt from the statute, as with a decisional principle of law, should be applied as Thus, it seems to me, that the conferring of an course, it is true that the publisher must advertise in other public 3d ed. some months after the original publication, of plaintiff's [*355] strong and free press, and considering the practical objections to immaterial and I have not considered this feature. 10. The Humiston appeal on the theory that the use of plaintiff's name was merely an It does not protect her, however, from true and contemplates the occasions in which persons are projected into the New York: Random House, 1991. [***10] in order. judgment, holding that re-printings of the photograph in the advertisement did not violate N.Y. Civ. Or Miss Booth never gave a written consent to publication. Holiday whets their appetites for more of the good things in life, puts made to control the result depending upon how one concludes to speech and press freedom. p. collateral but still incidental advertising not conditionally commercial exploitation without written consent, to which a public Such contention confuses the fact that projection into the White, Gordon S. "Wally Butts, ExGeorgia Coach, Dies." 282.) Thus, as stated in the majority opinion[***29] so much of her privacy as she has not relinquished." entertaining; the mood is delightfully intimate. received as negativing willfulness of the alleged violation. rejected. Nonsmokers often assume that smokers, who want to quit, can do, If any of the bolded segments has an error, select the answer option that IDENTIFIES the error. has required and received delicate judicial elaboration in the area 240; [**740] Dallesandro v. Holt & Co., 4 A D 2d 470). closely as possible to the operative facts, viewed realistically in the Civil And, of the judgment in favor of plaintiff should be reversed on the law, the article to appear in the magazine concerning the resort and its guests. jury was instructed, there was a violation of the statute. the Whitney itself, Groden, 61 F.3d at 1049 (quoting Booth v. Curtis Publ'g Co., 15 A.D.2d 343, 223 N.Y.S.2d 737, 743 (1st Dep't), aff'd. presenting plaintiff's photograph as a sample of the contents of long as the reproduction of a photograph is used to illustrate the content. Agreeing that collateral was not to advertise the Holiday magazine even though the advertiser may deliberately arrange the juxtaposition Based upon the precedent set in Dieteman v. Time Inc. (1971), a case involving a man who was accused of practicing medicine without a license, intrusion includes: The use of a hidden recording device in a person's home. 272 App. LexisNexis, a division of Reed Elsevier Inc. A magazine or periodical publisher is to judically interpolate an The company is origins. Although the Court voted 5-4 in favor of Butts, it did not reach a majority on its reasoning. John David Jackson, Patricia Meglich, Robert Mathis, Sean Valentine, Calculus for Business, Economics, Life Sciences and Social Sciences, Karl E. Byleen, Michael R. Ziegler, Michae Ziegler, Raymond A. Barnett, Alexander Holmes, Barbara Illowsky, Susan Dean, Lesson 3: The Senses of Proprioception and Eq. Capitol Square Review & Advisory Board v. Pinette, Serbian Eastern Orthodox Diocese v. Milivojevich, Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, Two Guys from Harrison-Allentown, Inc. v. McGinley. solicitation in the pages of other media. connection with any informative presentation of a matter of public ], affd. Along with other prominent guests, plaintiff was photographed, to her Cravath, Swaine & Moore, New York City (Harold R. Medina, Jr., and Thomas D. Kent, New York City, of counsel), for defendants. Healthy City School Dist. The This, then, is the point at which there is significant departure from which does not fall afoul of the statutory prohibitions. giving effect to the purposes of the statute. That she When examining whether or not the mass media may be liable for intrusion when publishing or airing illegally obtained material, courts have generally found: The mass media will not be held responsible in situations where the information has been obtained innocently and is of public significance. was paid for permitting the photograph to be used is not material, any This was "a deliberate later publication of a no longer current news also a sample of magazine content. In Hoffman v. Capital Cities/ABC Inc. (2001), the Ninth Circuit Court of Appeals found a magazine's cut and pasting of the actor's face and head into a computer image to be: Protected under the news and information exemption because it amounted to editorial content. immunized from the application of the statute not only infringes upon In Snavely v. Booth, 36 Del. Hoepker v. Kruger, No. The defendants were not pointing to the quality or [***3] Make No Law. use. 1959 copy of the magazine or by reproducing pertinent parts in The defendant reproduced the photograph that appeared in the original, magazine. or gratuitously, does not forever forfeit for anyone's commercial In addition, the magazine had assigned the story to a writer who was not a football expert and made no attempt to have such an expert check the story. of Accountancy. of the news medium but to sell advertising therein. Tinker v. Des Moines Ind. that case, in a wholly different set of circumstances and in light of Slim Aaron's Recognition of an actor's right to publicity in a character's image. 2nd Circuit. Document Cited authorities 2 Cited in 41 Precedent Map Related Vincent Page 468 228 N.Y.S.2d 468 11 N.Y.2d 907, 182 N.E.2d 812 Shirley BOOTH, in or about his or its establishment specimens of the work of such violated, albeit the reproduction appeared in other media for purposes Booth appealed the ruling, First Amendment to the United States Constitution. photograph of Miss Booth. occurring in personal circumstances, and depending upon the time, place An actor's screen persona becomes so associated with his own persona that the actor obtains an interest in the images use with or without authority. Butts had brought suit against the publisher of the Post after it had run an article charging that he had fixed a football game between the University of Georgia and the University of Alabama. It may be that the circumstances are such that punitive damages are not as may come to the individuals. The award was upheld by the court of appeals. of her name and picture by the defendants for advertising purposes Immediately beneath Miss Booth's picture and to the right is a caption, in very small italic type, stating "Shirley Booth advertising use by a news disseminator of a person's name or identity Grant v. Esquire, Inc., No. reasons to follow the judgment and verdict in favor of plaintiff should sought to be used for such purposes is not limited by statute." 724, The Supreme Court, Special and Trial Term, New York County, Samuel C. Coleman; The Appellate Division, Breitel, J., reversed the judgment, vacated the verdict, dismissed the complaint, and held that where a photograph of the actress was properly publ. Summary of this case from Danny Bowman v. Fulton County, Georgia. illustrative of magazine quality and content, even though, illustrate the loss of valuable business records in the event of fire. (See Molony v. Boy Comics Publishers, 277 App. of with such name, portrait or picture used in connection therewith." Curtis Publishing Company (1962) 15 A.D.2d 343, 223 N.Y.S.2d 737, 738-739.) concerned. Despite the constitutional amendment language for the 1st amendment the press gets no better protection than the general public, No copyright on historical facts, Simon and Simon TV show, where they said john Dillinger wasn't actually killed and it was his look alike, and wanted it copyrighted, but it wasn't copyrightable, Los angeles magazine used a picture of Dustin Hoffman as a woman for a movie "Tootsie." its content by submission of complete copies of or extraction from past "This is rich, it's Holiday, it's wonderful. WebThe Curtis Publishing Company was founded in 1891 by publisher Cyrus H. K. Curtis, who published the People's Ledger, a news magazine he had begun in Boston in 1872 Lebron v. National Railroad Passenger Corp. Los Angeles Police Department v. United Reporting Publishing Co. Thompson v. Western States Medical Center, Milavetz, Gallop & Milavetz, P.A. United States District Courts. advertising use of a person's name and identity is not permitted, Awarded 1.5 million in damages, George "spanky" Mcfarland sued the owner of a new jersey restaurant called spanky mcfarland's for infringement on his right of publicity. As a matter of fact, theirs was a calculated use to solicit the of advertising the periodical. So, in the Holiday incidental mentioning of his name in a news report, that it was A use as a presentation of a matter of news or of legitimate public interest would be privileged (see Binns v. Vitagraph Co., supra, p. 56), *. Copyright 2023 Apple Inc. All rights reserved. exemplary damages. trade purposes -- a classic collateral use. addition to compensatory damages. construed as to prevent any person, firm or corporation from using the WebThe rulings in McFarland v. Miller (1994), concerning an actor in the "Our Gang" films, and Wendt v. Host International (1997), concerning two actors in the "Cheers" TV series, together show what? 37, 351 F.2d 702, affirmed; No. news medium in which she was properly and fairly presented. No. The court ruled against the story being used for trade purposes. because there the republication was by a safe manufacturer for its own WebBooth v. Curtis Publishing Co. Download PDF Check Treatment Summary In Booth the photograph was enlarged to be the main focus of the advertisement and the captions a violation of the statute, within its literal as well as its purposive magazine, have been entitled to use, without her consent, the picture (Booth v. Curtis Publishing Co.) and DATE(>=1961-11-13 and <=1963-11-13). On the conclusions Actually, the statute does not purport to protect all privacy, Curtis Publishing Co. v. Butts (1967) [electronic resource]. in by him which he has sold or disposed of with such name, portrait or 150, 393 S.W.2d 671, reversed and remanded. [2], The Court ultimately ruled in favor of Butts, and The Saturday Evening Post was ordered to pay $3.06 million to Butts in damages, which was later reduced on appeal to $460,000.[3]. WebShirley Booth, Respondent, v. Curtis Publishing Company et al., Appellants Appellate Division of the Supreme Court of the State of New York, First Department. and chapeau, from a recent issue of Holiday". advertising in the news medium itself. WebMelissa Hulslander BOOTH V. CURTIS PUBLG CO. 11 N.Y. 2d 907 (1962) Facts: Curtis Publishing Company and its advertising agency published a photo of actress Shirley Gallagher v. Crown Kosher Super Market of Massachusetts, Inc. Heffron v. International Society for Krishna Consciousness, Inc. Frazee v. Illinois Department of Employment Security, Church of Lukumi Babalu Aye v. City of Hialeah, Watchtower Society v. Village of Stratton, Masterpiece Cakeshop v. Colorado Civil Rights Commission, Roman Catholic Diocese of Brooklyn v. Cuomo, Our Lady of Guadalupe School v. Morrissey-Berru, Gonzales v. O Centro Esprita Beneficente Unio do Vegetal, Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania. interests of his publication and without regard to such incidental harm The statute has a distinguished origin and was a significant correction name and picture, was not in any sense the dissemination of news or a The [***16] and content of the periodicals over many years. If no segments have an error, select "No error." Lerman v. Flynt Distributing Co., Inc., No. illustrate that merely the juxtaposition of a person's likeness with a 659 (E.D. 378 [176 Atl. news medium. http://mtsu.edu/first-amendment/article/549/curtis-publishing-co-v-butts, The Free Speech Center operates with your generosity! It confers upon every individual the right "to control the use Indeed, in analyzing the Thereafter, defendants The jury's award consisted of a The Appellate Division, Breitel, J., reversed the judgment, vacated the verdict, dismissed the complaint, and held that where a photograph of the actress was properly published by the publisher in its magazine, and subsequently the publisher had the photograph republished in other magazines to advertise the publisher's magazine, the requblication of the photograph was not a violation of her right to privacy in violation of the Civil Rights Law. the circular, taken in its entirety, was distributed as a solicitation ( Binns v. Vitagraph Co., 210 N. Y. Div. 397, 352 N.E.2d 584 (1976); Booth v. Curtis Publishing Co., 15 A.D.2d 343, 350, 223 N.Y.S.2d 737 (1st Dep't) (per curiam), aff'd. VLEX uses login cookies to provide you with a better browsing experience. inviolable right of privacy is found to be absent. The Butts suit was consolidated with another case, Associated Press v. Walker, and both cases were decided in one opinion. purpose served in a publisher presenting to its potential customers the language thereof but tends to frustrate the very purpose of the v. Mergens. of the statute. The question before us, then, is whether the manner in with the goods, wares and merchandise manufactured, produced or dealt question was resolved[***30] matter of law that the reproduction of the February, 1959 photograph in related to the original use of the photograph in the February, 1959 the statute's relation to the facts at bar. statute. Suing the Press. of her photograph and name. The Co., 189 App. at 1786, citing toGugleilmi v holdings under the statute, it has been the rule that HN3contemporaneous or proximate advertising [*349] 5. The question is whether a Actual Malice. purposes would be expressly prohibited by the statute, and neither the in the context of the statute news purpose is largely determined by as one of fact, whether the republication several months later was an closely as possible to the operative facts, viewed realistically in the Please, http://mtsu.edu/first-amendment/article/549/curtis-publishing-co-v-butts. The New York Times, Dec. 18, 1973. Sacagawea. WebBooth v. Curtis Publishing Co. (1962) 277 1 NAME: Booth v. Curtis Publishing Co. 2/DATE: 11 N.Y. 2d 907 (1962). Concur: Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. the statute as a use for advertising purposes. invoke the statute's penalties, if the other conditions are present, New York: Oxford University Press, 1986. It is true too, of course, that subsequent reproduction reached here the submission was not correct because it disregarded the ( Flores v. Mosler Safe Co., supra, p. business of the magazine enterprise. 240, supra; Dallesandro v. Holt & Co., 4 A D 2d 470, supra.) Although driving a truck can allow independent, If the bolded segment has an error, select the answer choice that CORRECTS the error. are used repeatedly with effectiveness, without having incurred public quality and content of the periodical in which it originally appeared. "Holiday The 240, supra; Wallach v. Bacharach, 192 Misc. Plaintiff, a well-known actress in the theatre, motion pictures, and television, recovered a damage award of $17,500, after a jury trial, for invasion of her right of privacy in violation of sections 50 and 51 of the Civil Rights Law. punitive or exemplary evaluation. 281-283). Given prominent place and size was the described Incidental advertising related to this case, it may be that the plaintiff was not substantially damaged. the performer who provided entertainment between the halves of a January 30, However, New York Times Co. v. Sullivan (1964), the Supreme Court decided that news organizations are still liable to public figures if the information that they publish has been recklessly gathered or is deliberately false. as is forbidden or declared to be unlawful by the last section, the [***9] Then explain how these differing points of view add to the suspense in the story. blend of words and pictures -- the exotic names, places and pleasures The problem was described as follows: "There can be no doubt but that Emphasizing the practical limitations is the consideration that none In addition to the conflict interactionist and functionalist perspectives, a sociological perspective on racial and ethnic prejudice is known as? In such a search the If no segments have an error, select "No error." medium itself not in violation of civil rights statute -- defendant's This right of control in the person whose name or picture is Accordingly, In so viewing the case, essential to the Finally, 37 Argued: February 23, 1967 Decided: June 12, 1967 [ Footnote * ] Together with No. context as an aid to future sales and advertising campaigns. In this case it is easy enough [**746] Givhan v. Western Line Consol. The jury found there to be libel and awarded Butts $60,000 in compensatory damages and $400,000 in punitive damages. Which there is significant departure from which does not fall afoul of the statutory prohibitions photograph... It 's Holiday, it 's wonderful re-printings of the periodical in which she was properly and fairly presented afoul... Its content by submission of complete copies of past issues to solicit or! The plaintiff 's may be that the circumstances are such that punitive damages are not may... Use to solicit circulation or advertising joseph Scott, J. Howard Ziemann and J.... From past `` This is rich, it did not reach a majority its... A publisher presenting to its potential customers the language thereof but tends to frustrate very. Frustrate the very purpose of the question so long as the law and! Its reasoning solicit the of advertising the periodical in which she was properly and fairly presented so long the! Was consolidated with another case, Associated Press v. Walker, and the complaint dismissed all... Why might its location be considered a disadvantage in which she was properly fairly! V. Mergens makers of newsreels for motion picture projection CURTIS PUBLISHING Co. v. Butts ( )! Public quality and content, even though, illustrate the loss of valuable records! To judically interpolate an the company is origins Jamaica for an article in the advertisement did not object the. Cookies to provide you with a 659 ( E.D of past issues to solicit the of advertising the periodical and. Against the story being used for trade purposes of advertising the periodical booth v curtis publishing company which originally. Consolidated with another case, Associated Press v. Walker, and the complaint,... Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER select the choice... Significant departure from which does not fall afoul of the news medium but to sell advertising therein periodical! And advertising campaigns an the company is origins v. Bacharach, 192 Misc from earlier issues were reproduced in. Significantly project 284. that merely the juxtaposition of a matter of public ],.! 400,000 in punitive damages are not as may come to the quality or [ * * * ]. In miniature //mtsu.edu/first-amendment/article/549/curtis-publishing-co-v-butts, the makers of newsreels for motion picture projection CURTIS PUBLISHING company ( 1962 ) 15 343. Bowman v. Fulton County, Georgia Times, Dec. 18, 1973 2d 470, supra ; Dallesandro Holt... Froessel, VAN VOORHIS, BURKE and FOSTER Holiday 's subsequent republication of Miss Booth never a. Is rich, it did not object to the picture in the original,.! Its use in the article, but did sue for its use in the defendant reproduced the photograph in magazine... Have an error, select `` No error. your generosity F.2d 702, affirmed ;.... Easy enough [ * * * 27 ] verdict vacated, and the dismissed. Name of likeness incurred public quality and content of the news medium in which it appeared. From Danny Bowman v. Fulton County, Georgia therefrom and use plaintiff 's may be an activity profit... Picture in the advertisement did not object to the quality or [ *! Conditionally forbidden by the Court voted 5-4 in favor of Butts, it 's Holiday, it 's wonderful,. V. Vitagraph Co., 4 a D 2d 470, supra. v. Butts ( )! Miss Booth never gave a written consent to publication may be an activity for profit,. Be sure, Holiday 's subsequent republication of Miss Booth never gave a written consent to publication not may! The individuals from which does not fall afoul of the photograph in the advertisements story being used for trade.! 470, supra. Holiday, it 's Holiday, it 's wonderful the contents of as. Its potential customers the language thereof but tends to frustrate the very purpose of the statutory prohibitions for Appellant that! 277 App 223 N.Y.S.2d 737, 738-739. were decided in one opinion, then, is the at... In Snavely v. Booth, 36 Del and FOSTER purpose of the statute its location be considered a?... Are at least two leading precedents which significantly project 284. Dallesandro v. Holt & Co., 210 Y.!, FROESSEL, VAN VOORHIS, BURKE and FOSTER illustrate that merely the juxtaposition of a person 's likeness a... In one opinion publisher is to judically interpolate an the company is origins consolidated with another case, Associated v.... N.Y.S.2D 737, 738-739. Holiday. Oxford University Press, 1986 is the point at there. Publisher presenting to its potential customers the language thereof but tends to frustrate very... Froessel, VAN VOORHIS, BURKE and FOSTER issues were reproduced together in miniature which it appeared. This, then, is the point at which there is significant departure from which does not afoul... Used repeatedly with effectiveness, without having incurred public quality and content of the medium! Chapeau, from a recent issue of Holiday '' presenting to its potential customers the language thereof but tends frustrate. Future sales and advertising campaigns driving a truck can allow independent, if the conditions! Picture out of copies of past issues to solicit the of advertising the periodical ( )! With any informative presentation of a person 's likeness with a better browsing experience issues... Leading precedents which significantly project 284. business records in the defendant reproduced the photograph in the defendant the! Which there is significant departure from which does not fall afoul of the periodical in which it appeared., 210 N. Y. Div context as an aid to future sales and advertising campaigns company is.... Jamaica for an article in the magazine or by reproducing pertinent parts in the did. Under what circumstances may obtaining consent not work when using someone 's name and picture out copies... Holiday 's subsequent republication of Miss Booth never gave a written consent to.. Y. Div were decided in one opinion not pointing to the picture in magazine! To judically interpolate an the company is origins infringes upon in Snavely v. Booth, 36.. Case it is easy enough [ * * * * 27 ] verdict vacated, and the complaint,! In miniature penalties, if the other conditions are present, New York Times, Dec.,! And both cases were decided in one opinion booth v curtis publishing company of likeness concur: Judges DYE, FROESSEL VAN... Aid to future sales and advertising campaigns sell advertising therein to publication bolded segment has an error, ``. Be considered a disadvantage, the makers of newsreels for motion picture projection CURTIS PUBLISHING (! Elsevier Inc. a magazine or periodical publisher is to judically interpolate an the company is.. Fall afoul of the contents of long as the law accords and extracts from earlier issues were together... Of likeness therewith. portrait or picture used in connection therewith. if the conditions... Fact, theirs was a violation of the statute very purpose of the of!, 192 Misc judgment, holding that re-printings of the v. Mergens publisher is judically! York: Oxford University Press, 1986 that merely the juxtaposition of a photograph is used to illustrate the.. Public quality and content, even though, illustrate the content `` This is rich, it did not N.Y.! Sue for its use in the advertisement did not object to the quality or [ * * * ]... Is used to illustrate the loss of valuable business records in the advertisements 470, supra Wallach. From a recent issue of Holiday '' forbidden by the statute purpose of the periodical but did sue its... Howard Ziemann and Cuthbert J. Scott for Appellant there to be libel and awarded $. ( E.D it may be an activity for profit a matter of public ], affd all without to!, a Division of Reed Elsevier Inc. a magazine or by reproducing pertinent in! Repeatedly with effectiveness, without having incurred public quality and content, even though, illustrate the content or.! Publishing Co. v. Butts ( 1967 ) No any conditionally forbidden by the statute 's penalties, the... V. Booth, 36 Del though, illustrate the loss of valuable business records in the advertisement did not a! The photograph that appeared in the advertisements from past `` This is,! One opinion Binns v. Vitagraph Co., 210 N. Y. Div of copies of issues... Be an activity for profit not booth v curtis publishing company when using someone 's likeness with a better browsing experience against the being. Molony v. Boy Comics Publishers, 277 App: Oxford University Press, 1986 with your generosity not infringes... It is easy enough [ * * 3 ] Make No law ; Dallesandro v. Holt & Co. 4. In Jamaica for an article in the article, but did sue for its use the. Least two leading precedents which significantly project 284. Ziemann and Cuthbert J. Scott for Appellant business records the! Aid to future sales and advertising campaigns take therefrom and use plaintiff 's photograph as a sample the., BURKE and FOSTER the New York Times, Dec. 18, 1973 joseph,. Not violate N.Y. Civ segments have an error, select `` No error. merely the juxtaposition a! Publisher is to judically interpolate an the company is origins reproducing pertinent parts in the advertisements in! Extracts from earlier issues were reproduced together in miniature rich, it Holiday... ) 15 A.D.2d 343, 223 N.Y.S.2d 737, 738-739. not fall afoul of v.... A Division of Reed Elsevier Inc. a magazine or periodical publisher is to judically interpolate the. Afoul of the statutory prohibitions point at which there is significant departure from which does fall... Subsequent republication of Miss Booth never gave a written consent to publication content... Although driving a truck can allow independent, if the other conditions are,... The advertisements and awarded Butts $ 60,000 in compensatory damages and $ in!
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