TORTS-RIGHT OF PRIVACY-INVASION OF PRIVACY THROUGH FICTIONAL WORKS

The New York Civil Rights Law prohibits the use of a person's name, portrait, or picture without his consent in writing, for advertising or trade purposes, under penalty of civil and criminal liability. Plaintiff, senior civil affairs officer of the American Military Government in the town of Licata, Sicily, during its occupation by Allied Armies of World War II, brought suit under the statute against the author of the book "A Bell for Adana," and others, alleging that he occupied the position of the book's and play's principal character, "Major Victor Jappolo" in the fictitiously named town of Adano; and that the book and play exploited his acts, personality, and life without his consent. Neither plaintiff's name nor picture was used in the fictitious productions. Held, with one justice dissenting, action dismissed.

Toscani v. Hersey, 271 App. Div. 445, 65 N.Y.S. (2d) 814 (1946).