Stephano v. News Group Publications, Inc.
New York Court of Appeals
474 N.E.2d 580 (1984)
Tony Stephano (plaintiff), a professional model, was photographed by News Group Publications (NGP) (defendant) for a magazine shoot; NGP used two photos in a September 1981 issue, but had already used another photo from the same shoot in an August 1981 news article covering the release of a new Armani bomber jacket, describing the jacket, its designer, and where to buy it. Stephano sued for violating his right of publicity and privacy, arguing his consent covered only the September issue. The trial court granted NGP summary judgment; the appellate court reversed, and NGP appealed.
Whether using a model's photograph to illustrate a news article about a newsworthy product violates the model's right of publicity, when consent was given only for a different publication.