Tropeano v. Atlantic Monthly Co.

In this case we construe for the first time this Commonwealth’s statute dealing with unauthorized publication of a person’s name or picture. This is an action for monetary damages based on the use of a photograph of the plaintiff as an illustration to an article appearing in the November, 1976, issue of The Atlantic Monthly magazine, published by The Atlantic Monthly Company. The defendants are the publisher of the magazine and the author of the article. The plaintiff alleges two separate grounds for recovery: (1) that the defendants used her photograph without her consent for advertising or…