Re: Re[2]: Celebrity GIFs

From: Harold Federow <hfederow[_at_]u.washington.edu>
Date: Fri, 20 Sep 1996 09:40:24 -0800

On Wed, 18 Sep 96, doliver[_at_]jazz.fantasyjazz.com (Oliver, Derric) wrote:
>

>> Andrew Friedman wrote:
>>>
>>> what action could Cindy Crawford take if a photograph of her is
>>> digitally altered or combined with a nude photograph of another
>>> women so that it appears to be Cindy's nude body.  I imagine
>>> rights of privacy and or publicity are implicated and wonder if
>>> the online service would be liable in any way
>>
>> Since CC has already posed nude, it is hard to imagine a right of
>> privacy violation.  If the use were not commercial, there could be
>> no right of publicity claim.  But this is an intriguing question
>> irrespective of whether the person whose face is used is a celebrity
>> or not.  Depending on what body it is grafted onto, and what that
>> body is doing, there might be a cause of action for defamation.  Can
>> a purely visual image, without words, be defamatory if it purports
>> to show an identifiable person doing something that she in fact has
>> not done?

>
> Whether or not Cindy Crawford ever appeared nude previously has
> nothing to do with the issue or possible cause of action involved
> here. No public figure or celebrity has any right to privacy. This
> right is afforded to private citizens and is simply the right to 'be
> left alone'. Public figures are instead awarded the property right of
> publicity. In this case, Cindy Crawford could bring the cause of
> action misappropriation of name and likeness under the right of
> publicity.
>
> To support: Namath v. Sports Illustrated, 371 N.Y.S.2d.10 (App.Div.
> 1975) Namath's initial complaint was thrown out by the court because
> Namath's lawyer brought cause of action under the right of
> privacy...ERR!!!
>
> He should have brought misappropriation under the right of publicity.

Just an observation--this is a very state dependent question. Some states do not recognize any such right.

Harold Federow
<hfederow[_at_]u.washington.edu> Received on Fri Sep 20 1996 - 16:34:04 GMT

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