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'Tonight Show' Doesn't Violate Publicity Right

By ALM Staff | Law Journal Newsletters |
March 29, 2006

The New York Appellate Division, Fourth Department, granted dismissal of claims against NBC and Jay Leno over use without the plaintiff's permission of her photograph in the humorous headlines segment of 'The Tonight Show.' Walter v. NBC Television Network Inc., 74 CA 05-01646. The appellate court concluded: 'Here, the use of plaintiff's photograph by the NBC defendants was not strictly limited to a commercial appropriation, and thus the use of the photograph does not fall within the ambit of those sections of the [N.Y.] Civil Rights Law. ' Newsworthiness is to be broadly construed. ' We conclude that the comedic component of the newsworthiness exception [to liability for a right-of-publicity violation under the New York statute] applies here.'

The New York Appellate Division, Fourth Department, granted dismissal of claims against NBC and Jay Leno over use without the plaintiff's permission of her photograph in the humorous headlines segment of 'The Tonight Show.' Walter v. NBC Television Network Inc. , 74 CA 05-01646. The appellate court concluded: 'Here, the use of plaintiff's photograph by the NBC defendants was not strictly limited to a commercial appropriation, and thus the use of the photograph does not fall within the ambit of those sections of the [N.Y.] Civil Rights Law. ' Newsworthiness is to be broadly construed. ' We conclude that the comedic component of the newsworthiness exception [to liability for a right-of-publicity violation under the New York statute] applies here.'

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