Rand v. Hearst Corp.
| Decision Date | 19 February 1970 |
| Citation | 257 N.E.2d 895,26 N.Y.2d 806,309 N.Y.S.2d 348 |
| Court | New York Court of Appeals Court of Appeals |
| Parties | , 257 N.E.2d 895 Ayn RAND, Appellant, v. HEARST CORPORATION, Respondent. |
Appeal from Supreme Court, Appellate Division, First Department, 31 A.D.2d 406, 298 N.Y.S.2d 405.
Henry Mark Holzer, Erike Holzer, New York City, for plaintiff-appellant.
Lipton, Brennan & Wasserstrom, New York City (Alfred H. Wasserstrom, Sherman H. Saiger, New York City, of counsel), for defendant-respondent.
Irwin Karp, New York City, for Authors League of America, Inc. as amicus curiae.
Weil, Gotshal & Manges, New York City (Horace S. Manges, Edward C. Wallace, Marshall C. Berger, New York City, of counsel), for American Book Publishers Council, Inc., as amicus curiae.
Action was brought by author against the publisher to recover under the Civil Rights Law, Consol.Laws, c. 6, §§ 50, 51 because of the use on paperback books by author of words that plaintiff-author 'enjoys' the 'Same Kind of Mystique Analysis As' the author of the paperback book and that 'Their Underlying Drive Is The Same.' The quotation was an excerpt from a review of the paperback book in newspaper.
The Supreme Court, Special Term, New York County, Irwin D. Davidson, J., dismissed the publisher's affirmative defenses, and the publisher appealed.
The Appellate Division, Benjamin J. Robin, J., reversed the order and dismissed the complaint and held that the publisher did not violate the Civil Rights Law §§ 50, 51 providing that one whose name is used for advertising purposes or purposes of trade without his written consent may restrain use thereof and recover damages for injuries sustained did not entitle author to recover. Steuer, J., dissented.
The author appealed to the Court of Appeals.
Order affirmed, with costs.
To continue reading
Request your trial
-
Messenger v. GRUNER+ JAHR PRINTING AND PUB.
...v. Hearst Corp., 31 A.D.2d 406, 407-411, 298 N.Y.S.2d 405 quotation on book cover comparing author to plaintiff, affd 26 N.Y.2d 806, 309 N.Y.S.2d 348, 257 N.E.2d 895; Stern v. Delphi Internet Services Corp., 165 Misc.2d 21, 22-27, 626 N.Y.S.2d 694 lewd photograph of plaintiff used in connec......
-
Porco v. Lifetime Entm't Servs., LLC
...omitted]; see Time, Inc. v. Hill, 385 U.S. at 382, 87 S.Ct. 534 ; Rand v. Hearst Corp., 31 A.D.2d 406, 409, 298 N.Y.S.2d 405 [1969], affd 26 N.Y.2d 806, 309 N.Y.S.2d 348, 257 N.E.2d 895 [1970] ), courts have recognized that the provisions "do not apply to reports of newsworthy events or mat......
-
Cerasani v. Sony Corp.
...be construed narrowly. See Rand v. Hearst Corp., 31 A.D.2d 406, 298 N.Y.S.2d 405, 410 (1st Dep't 1969), aff'd, 26 N.Y.2d 806, 309 N.Y.S.2d 348, 257 N.E.2d 895 (Ct.App.1970). It is clear that Cerasani's present § 51 claim must be dismissed. A § 51 plaintiff must allege the improper use of th......
-
New York Magazine v. Metro. Transit Authority
... ... Fox, 492 U.S. 469, 109 S.Ct. 3028, 106 L.Ed.2d 388 (1989); Central Hudson Gas & Elec. Corp. v. Public Serv. Comm'n of New York, 447 U.S. 557, 100 S.Ct. 2343, 65 L.Ed.2d 341 (1980)). In the ... prevent comment on matters in which the public has an interest or the right to be informed." Rand v. Hearst Corp., 31 A.D.2d 406, 298 N.Y.S.2d 405, 410 (1st Dep't 1969), aff'd, 26 ... Page 266 ... ...