Paulsen v. Personality Posters, Inc.
299 N.Y.S. 2d 501, 59 Misc. 2d 444, 1968 N.Y. Misc. LEXIS 1132 (1968)
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Rule of Law:
The use of a public figure's image in connection with a matter of public interest, such as a satirical political campaign, is constitutionally protected expression and does not constitute a use for advertising or trade purposes that would violate New York's statutory right of privacy.
Facts:
- Pat Paulsen, a well-known television comedian, launched a satirical campaign for President of the United States in 1968 as part of his comedy routine.
- This candidacy received significant national media attention on television and in print.
- In late 1967, Paulsen's agent, Ken Kragen, sent a photograph of Paulsen in costume to Personality Posters, Inc.
- The parties disputed the reason for the submission; Paulsen's agent claimed it was for a potential licensing deal, while Personality Posters asserted it was an unsolicited submission for publicity with no restrictions.
- In July 1968, Personality Posters began marketing and selling posters that were enlargements of the photograph with the words 'for president' added.
- Paulsen had granted an exclusive license to another company to produce and sell all merchandise related to his 'Pat Paulsen for President' campaign.
Procedural Posture:
- Pat Paulsen filed a motion for a preliminary injunction against Personality Posters, Inc. in the New York Supreme Court, Special Term (a state trial court), to stop the company from marketing and selling the poster.
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Issue:
Does the unauthorized commercial distribution of a poster depicting a public figure engaged in a satirical presidential campaign violate that figure's right to privacy under New York Civil Rights Law § 51?
Opinions:
Majority - Harry B. Frank, J.
No. The unauthorized commercial distribution of the poster does not violate Paulsen's right to privacy because his satirical campaign is a matter of public interest, and its depiction is protected by constitutional guarantees of free speech and press. The court reasoned that New York Civil Rights Law § 51, which prohibits the use of a person's picture for 'purposes of trade' without consent, contains a well-established exception for newsworthy events and matters of public interest to avoid conflict with the First Amendment. Paulsen, as a public figure who voluntarily projected himself into the political arena, became a subject of legitimate public interest. His campaign, whether serious or satirical, is a newsworthy event. The poster, by portraying him in that role, is a form of commentary or public interest presentation that is constitutionally protected, regardless of whether it is viewed as political satire, social criticism, or pure entertainment. The court distinguished the statutory right of privacy, which protects the 'right to be let alone,' from a 'right of publicity' aimed at financial gain, noting that the statute was not intended to protect the latter, and even if it were, such a right must yield to constitutional protections for speech on public matters.
Analysis:
This decision significantly reinforces the 'newsworthiness' or 'public interest' exception to the statutory right of privacy, especially for public figures. It establishes that even commercial products like posters fall under this exception if they comment on a matter of public concern. The case clarifies that the definition of 'public interest' is extremely broad, encompassing political satire and entertainment, not just hard news. This precedent makes it very difficult for public figures to control the commercial use of their likeness when it is tied to their public activities, thereby prioritizing First Amendment free expression over an individual's commercial or privacy interests in such contexts.
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