BROOKE SHIELDS V. GROSS 58 N.Y.2d 338, 461 N.Y.S.2d 254, 448 N.E.2d 108 (1983) CASE BRIEF

BROOKE SHIELDS V. GROSS

58 N.Y.2d 338, 461 N.Y.S.2d 254, 448 N.E.2d 108 (1983)

NATURE OF THE CASE: This was a case over pictures taken of an infant. Gross (D), photographer, and Shields (P), actress, sought review of a decision, which entered an order modifying and affirming a judgment of the supreme court which dismissed the complaint and denied P's application for a permanent injunction.

FACTS: Brooke's(P) mother allowed risqu pictures of her to be taken when she was ten years old posing nude in a bath tub. Gross (D) was the photographer. P is now a well-known actress. P had been a child model. The photographs were financed by Playboy Press and would be used in a publication entitled 'Portfolio 8' (later renamed 'Sugar and Spice'). P's mother and legal guardian, Teri Shields, executed two consents in favor of D. The pictures were a hit and used in many different promotions. P even used the photos in a book that she published about herself and to do so her mother obtained an authorization from D to use them. P eventually tried to purchase the negatives and commenced this action in tort and contract seeking compensatory and punitive damages and an injunction permanently enjoining D from any further use of the photographs. P was granted a preliminary injunction. The matter went to trial and the court ruled that the consent was unrestricted and dismissed P's complaint, however, D was restricted in his prurient use of the pictures. The Appellate Division granted P a permanent injunction against D from using the pictures for purposes of advertisement or trade. Both parties appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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