27 N.Y.2d 406 (1971)
A photograph illustrating an article on a matter of public interest is not considered used for trade or advertising purposes under a privacy statute unless the photograph lacks a real relationship to the article or the article is an advertisement in disguise.
Summary
Murray sued New York Magazine for using his photograph on the cover of its magazine without his consent, alleging a violation of New York’s Civil Rights Law regarding the use of images for advertising or trade purposes. The photograph depicted Murray, dressed in Irish attire, at a St. Patrick’s Day parade. The New York Court of Appeals reversed the lower court’s decision, holding that the photograph was related to a matter of public interest—the St. Patrick’s Day parade and Irish-American identity—and therefore fell under the newsworthiness exception to the statute. The court emphasized that the incidental commercial benefit of increased magazine sales did not negate this exception.
Facts
Murray, a newspaper vendor, regularly attended the St. Patrick’s Day parade dressed in Irish garb. In 1967, a freelance photographer captured Murray’s image at the parade. Two years later, New York Magazine featured the photograph on the cover of its March 17, 1969 issue, above the title of an article, “The Last of the Irish Immigrants.” Murray was not mentioned in the article itself.
Procedural History
Murray sued, claiming the magazine used his photo for advertising or trade without his consent, violating Section 51 of the Civil Rights Law. The trial court denied both Murray’s motion for summary judgment and the magazine’s motion to dismiss, finding factual questions regarding the photo’s relevance to the article and whether it was used for advertisement or trade. The Appellate Division affirmed. The New York Court of Appeals granted leave to appeal.
Issue(s)
Whether the use of Murray’s photograph on the cover of New York Magazine, in connection with an article about Irish immigrants and the St. Patrick’s Day parade, constitutes use