Opinion · New York Court of Appeals

Booth v. Curtis Publishing Co.

11 N.Y.2d 907

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1962-04-26
Topic
general

How later courts describe this case

  • finding no right of privacy liability where magazine reprinted in advertisement a photograph originally taken for news piece, “as the reproduction was used to illustrate the quality and content of the periodical in which it originally appeared”
  • republication, for “sheer advertising and solicitation” purposes, of newsworthy photograph of an actress is “incidental advertising not conditionally prohibited by the statute”
  • use in advertisement for magazine of actress’s photograph that had previously appeared in magazine was not actionable, because “the reproduction was used to illustrate the quality and content of the periodical in which it originally appeared’’

Citator

UpLaw has not yet analyzed Booth v. Curtis Publishing Co.. The absence of a flag is not a finding that it is good law.

Cited by
38 opinions

Concur: Judges Dye, Froessel, Van Voorhis, Burke and Foster. Chief Judge Desmond and Judge Fuld dissent and vote to reverse for the reasons stated in the dissenting opinion at the Appellate Division.