TAGGART V. WADLEIGH-MAURICE LTD.
489 F.2d 434 (1973)
NATURE OF THE CASE: Thomas (P) sought review of a judgment which granted summary judgment
for Wadleigh (D), photographers and film distributor, in P's action for damages and an
injunction to prohibit D's distribution of a film containing footage of P taken without his
consent.
FACTS: P is an employee of Port-O-San, a corporation engaged in the business of
furnishing and servicing portable latrines. P was sent by his employer to Bethel, New York
in August, 1969 to service such portable latrines furnished by Port-O-San to the promoters
of the Woodstock music festival. While he was servicing the Port-O-San latrines P was
diverted from that work and engaged in conversation by agents who were filming the festival.
A feature length 'documentary' was assembled, which defendant Warner Bros. Inc. undertook to
distribute for commercial viewing. The only motive was for commercial profit-making
purposes. D appeared in a sequence of approximately two minutes showing P emptying latrines.
P contends that while he was engaged in his ordinary work he was without warning, and
without consent, drawn into a conversation and photographed so that the sequence could be
used as a key part of the theme of the 'documentary' which was being prepared as a
commercial enterprise. D refused to delete the scene and proceeded to distribute the film
nationwide. P alleges mental anguish, embarrassment, public ridicule, and invasion of his
right to privacy which has detrimentally affected his social and family life and his
employment. D moved for summary judgment. It was granted and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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