§ 50. A person, firm, or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait, or picture of any living person without having first obtained the written consent of such person, or if a minor of his or her parent or guardian, is guilty of a misdemeanor.
§ 51. Any person whose name, portrait, or picture is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm, or corporation so using his name, portrait, or picture, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries maintained by reason of such use, and if the defendant shall have knowingly used such person’s name, portrait, or picture in such manner as is forbidden or declared to be unlawful by this act, the jury, in its discretion, may award exemplary damages.
See Binns v. Vitagraph Co., 210 N. Y. 51.
On the whole subject, see Warren and Brandeis, The Right to Privacy, 4 Harvard Law Rev. 193; Pound, Interests of Personality, 28 Harvard Law Rev. 343, 362–364.
[529]. 4 Rep. 16 b, S. C.
[530]. Dame Morrison’s Case, Jenk. 316; Matthew v. Crasse, 2 Bulst. 89; Sell v. Facy, 2 Bulst. 276, 3 Bulst. 48; Nelson v. Staff, Cro. Jac. 422; Thomson’s Case, Bendl. 148; Countess of Salop’s Case, Bendl. 155; Taylor v. Tolwin, Latch, 218; Wicks v. Shepherd, Cro. Car. 155; Southold v. Daunston, Cro. Car. 269 Accord.
See Bridge v. Langton, Litt. 193; Norman v. Simons, 1 Vin. Abr. Act. Words, D, a, 12.
In Felty v. Felty, 164 Ky. 355, plaintiff’s husband left her as a result of the defamatory words.
[531]. The arguments of counsel are omitted, together with the concurring opinions of Martin, Bramwell, and Wilde, BB.
[532]. Guy v. Gregory, 9 Car. & P. 584; Adams v. Smith, 58 Ill. 417; Woodbury v. Thompson, 3 N. H. 194; Butler v. Hoboken Co., 73 N. J. Law, 45; Beach v. Ranney, 2 Hill, 309; Terwilliger v. Wands, 17 N. Y. 54 (overruling Bradt v. Towsley, 13 Wend. 253; Olmsted v. Brown, 12 Barb. 657; Fuller v. Fenner, 16 Barb. 333); Wilson v. Goit, 17 N. Y. 442; Bassell v. Elmore, 48 N. Y. 561; Shepherd v. Lamphier, 84 Misc. 498; Clark v. Morrison, 80 Or. 240 Accord. But see Garrison v. Sun Publishing Ass’n, 207 N. Y. 1 (defendant published a libel on plaintiff’s wife resulting in illness and loss of her services).