Wallace v. Weiss

Extensive pretrial examinations having been held, the defendants move for summary judgment. The plaintiff sues for money damages for the unauthorized use of her photograph on the front cover of a magazine published and distributed by one of the defendants, a student organization of the defendant university.

The first cause of action is based upon section 51 of the Civil Rights Law which gives a person a cause of action for damages for the unauthorized use of his photograph "for the purpose of advertising or trade.” The plaintiff’s photograph did not appear in connection with any commercial…