Booth v. Curtis Publishing Co.

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’’