Rhodes v. . Sperry Hutchinson Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 5, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term enjoining the defendant from using pictures or photographs of the plaintiff for purposes of trade or advertising and awarding damages to the plaintiff for injuries sustained by reason of such use of her portrait.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 5, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term enjoining the defendant from using pictures or photographs of the plaintiff for purposes of trade or advertising and awarding damages to the plaintiff for injuries sustained by reason of such use of her portrait. The action was brought under the second section of chapter 132 of the Laws of 1903. That statute reads as follows : “ An Act to prevent the unauthorized…
1Opinion of the CourtWillard Bartlett, J.
In the case of Roberson v. Rochester Folding Box Co. (171 N. Y. 538) this court deter mined that in the absence of any statute on the subject the right of privacy as a legal doctrine enforcible in equity did not exist in this state so as to enable a woman to present the use of her portrait by others for advertising purposes without her consent. In the prevailing opinion in that case, however, Chief Judge Pabker suggested that the right of privacy to that extent might property be protected by an act of the legislature, saying: “ The legislative body could very well interfere and arbitrarily…
2Cases cited4 opinions
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Bertholf v. . O'ReillyNew York Court of Appeals · 1878
- People v. . CannonNew York Court of Appeals · 1893
- People v. . WestNew York Court of Appeals · 1887
3Cited by47 opinions
- Melvin v. ReidCalifornia Court of Appeal · 1931
- Gautier v. Pro-Football, Inc.New York Court of Appeals · 1952
- Binns v. Vitagraph Co. of AmericaNew York Court of Appeals · 1913
- Stephano v. News Group Publications, Inc.New York Court of Appeals · 1984
- Sperry & Hutchinson Co. v. RhodesSupreme Court of the United States · 1911
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