Sperry & Hutchinson Co. v. Rhodes

Background

A woman sued after her photographed portrait was used in advertising without her written permission. Lower New York courts found for the woman, issued an injunction, and awarded damages. The lawsuit was based on Chapter 132 of the New York Statutes of 1903, which made using a living person’s name or picture for advertising a misdemeanor and provided a private right to sue.

Reasoning

The single question the Court considered was whether that 1903 law was constitutional. Opponents argued that refusing to allow the advertising use of a photograph taken and owned by someone else would unlawfully take the owner’s property without proper legal process. The Court explained the statute applied only to photographs taken after the law went into effect, and the photograph at issue was such a later photo. Because the property was created under a law that already limited how it could be used, the Court held there was no unconstitutional taking. The Court also said the Fourteenth Amendment does not forbid laws from having a start date that treats earlier and later times differently.

Real world impact

The ruling affirms that New York can bar the advertising use of living persons’ photographs taken after the statute began and can punish unauthorized use as a crime while allowing civil suits. The decision limits the ability of photographers or owners of later-created photographs to claim the law illegally took their property. The judgment in this case was affirmed by the Court.