Ainsworth v. Century Supply Company

693 N.E.2d 510 (1998)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D created a videotape that instructs customers how to install ceramic tile. D asked P for permission to videotape him installing tile in a home. P consented to appear in the video. The video was completed, and D began providing it to the public. The television commercial contained blank space into which short bits of videotape could be inserted, thus creating a number of different versions of the television commercial. One of the inserts was taken from the instructional video in which P participated. The television commercial with P's image was aired a number of times. P complained about his appearance in D's television commercial. D asserted that it called TCI (D) and requested that the commercial be discontinued. P sued Ds for infringement to his right of publicity; invasion of privacy by appropriating his likeness; and for the establishment of a constructive trust and an accounting. TCI (D) filed a motion to dismiss plaintiff's claim. The trial court agreed and dismissed count V of P's complaint. D filed a motion for summary judgment alleging that P's consent to appear in the instructional video extended to the commercial and that P did not incur damages. The trial court held that P did not sustain actual damages and the lack of evidence of malice or reckless indifference to P's rights precluded an award of punitive damages. P appealed.