Finger v. Omni Publications International., Ltd.
566 N.E.2d 141, 77 N.Y.2d 138, 18 Media L. Rep. (BNA) 1555 (1990)
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Rule of Law:
A photograph used to illustrate an article on a matter of public interest does not violate New York's statutory right to privacy as a 'use for purposes of trade' so long as the photograph bears a 'real relationship' to the article's content and the article is not an advertisement in disguise. This relationship can be to the article's general theme, not necessarily its specific facts.
Facts:
- Omni Publications International, Ltd. published an article in its June 1988 Omni magazine titled 'Caffeine and Fast Sperm'.
- The article discussed research indicating that caffeine could enhance in vitro fertilization rates.
- Accompanying the article was a photograph of Joseph and Ida Finger and their six children, which was published without their consent.
- A caption beneath the photograph read, 'Want a big family? Maybe your sperm needs a cup of Java in the morning. Tests reveal that caffeine-spritzed sperm swim faster, which may increase the chances for in vitro fertilization.'
- The article did not name the Finger family or claim they used caffeine or in vitro fertilization.
- The Finger family had no actual connection to the caffeine research or in vitro fertilization methods discussed in the article.
Procedural Posture:
- Joseph and Ida Finger (plaintiffs) filed an action in the New York Supreme Court (trial court) against Omni Publications International, Ltd. (defendant) for violations of Civil Rights Law §§ 50 and 51.
- The defendant moved to dismiss the complaint.
- The Supreme Court granted the defendant's motion to dismiss.
- The plaintiffs appealed to the Appellate Division (intermediate appellate court), which affirmed the trial court's dismissal.
- The Court of Appeals (New York's highest court) granted the plaintiffs' request to hear the appeal.
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Issue:
Does the nonconsensual publication of a photograph to illustrate a newsworthy article violate New York Civil Rights Law §§ 50 and 51 as a 'use for purposes of trade' if the subjects of the photograph have no direct connection to the specific details of the article, but the image relates to the article's broader theme?
Opinions:
Majority - Alexander, J.
No. The publication of the photograph does not violate New York Civil Rights Law §§ 50 and 51 because a 'real relationship' exists between the photograph and the newsworthy article it illustrates. The court reasoned that the prohibitions of the Civil Rights Law apply strictly to commercial use for advertising or trade, and a 'newsworthiness exception' protects the use of pictures illustrating articles on matters of public interest. The central theme of the article was fertility, and a photograph of a large family has a 'real relationship' to that theme, even if the family has no direct connection to the specific scientific topic of caffeine-enhanced fertilization. The court emphasized that the newsworthiness exception should be liberally applied and that editorial judgment on what is newsworthy should be given deference, with judicial intervention only warranted when there is 'no real relationship' at all or the article is an 'advertisement in disguise'.
Analysis:
This decision significantly broadens the 'newsworthiness exception' to New York's right of privacy statute by relaxing the 'real relationship' test. It clarifies that a photograph need only relate to the general theme of a newsworthy article, not its specific factual content. This ruling provides greater protection for editorial discretion in journalism, making it more difficult for individuals to sue for privacy violations when their image is used to illustrate a general topic. Consequently, it strengthens First Amendment protections for the press at the expense of an individual's control over the use of their likeness in a journalistic context.
