Saving Face: Right Of Publicity Is Subordinate To Magazine's First Amendment Protection

In March of 1997, a Los Angeles magazine published in its semi-annual fashion issue an article titled “Grand Illusions” in which it digitally merged still photographs of actors and actresses in classic film roles with current photography to make it appear as if the actors and actresses were wearing Spring 1997 fashions. One of the photographs used an image of Dustin Hoffman in a scene from the 1982 picture, Tootsie. Hoffman sued, claiming that his rights of publicity had been infringed. This article discusses the dispute and the different conclusions reached by the trial and appellate courts. The article notes that the appellate court's ruling has potential application beyond magazine articles to the use of images in motion pictures and television programming, as well. A celebrity's image in not-purely commercial ways is superior to a celebrity’s right of publicity.