Lomax v. New Broadcasting Co.

Steuer, J. (dissenting).

Plaintiff sues for damages pursuant to sections 50 and 51 of the Civil Bights Law for the unauthorized use of her name and photograph in advertising. It appears that defendant is in the radio broadcasting business and operates a radio station. Plaintiff was employed by defendant as an announcer and interviewer. She broadcast commercial announcements for defendant’s sponsors. It was in connection with the advertising of the products of these sponsors that plaintiff’s name and photograph were used. It further appears that very early in the course of her employment…