Sidney v. A. S. Beck Shoe Corp.

The plaintiff, an actress of some prominence, charges the defendant with having published her photograph for advertising purposes, without her written consent. The defendant pleads three partial defenses in mitigation of damages. This motion was made to strike out all three. In her brief and on the argument plaintiff withdrew objections to the first and second partial defenses, which limits consideration to the third.

The bases for this defense are the allegations that a general custom exists in the theatrical profession, whereby persons in it permitted and encouraged the use of their pictures…