Brooke Shields v. Gross

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

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Nature of the Case

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Facts

Brooke's(P) mother allowed risqué pictures of her to be taken when she was ten years old posing nude in a bathtub. 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.