Wednesday, December 4, 2013

Shields v. Gross case brief

Shields v. Gross case brief summary
448 N.E.2d 108 (1983)


CASE SYNOPSIS
Defendant photographer, and plaintiff actress sought review of a decision from the Appellate Division of the Supreme Court in the First Judicial Department (New York), which entered an order modifying and affirming a judgment of the supreme court which dismissed the complaint and denied the actress' application for a permanent injunction.

CASE FACTS
The issue on this appeal was whether an infant model could disaffirm a prior unrestricted consent executed on her behalf by her parent and maintain an action pursuant to N.Y. Civ. R. Law § 51 of the Civil Rights Law against her photographer for republication of photographs of her.

DISCUSSION

  • On appeal, the court held that she could not. 
  • The court modified the lower court's order by striking the further injunction against the use of the photographs for advertising and trade purposes and, as modified, affirmed. 
  • The court held that the actress, as an infant plaintiff, was bound by the terms of the valid, unrestricted consents to the use of her photographs executed by her mother, which she could not disaffirm, and that no prior court approval of the contract with the photographer for the infant's services was required under N.Y. Gen. Ob. Law § 3-105 which did not apply to contracts for the services of infant professional models. 
  • Accordingly, the court modified and affirmed the lower court's decision.

CONCLUSION
The court modified and affirmed the lower court's decision, which modified and affirmed a judgment of the supreme court dismissing the actress' complaint, and denying the actress' application for a permanent injunction. The court held that the actress, as an infant plaintiff, was bound by the terms of the valid, unrestricted consents to the use of her photographs executed by her mother, which she could not disaffirm.

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