Ericson v. Playgirl, Inc.

140 Cal. Rptr. 921 (1977)

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Nature of the Case

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Facts

P agreed that D could publish without compensation as the centerfold of its January 1974 issue of Playgirl photographs of Ericson posing naked at Lion Country Safari. P was hoping for a career boost. No immediate career boost resulted from the publication. D wished to use the pictures again for its annual edition entitled Best of Playgirl, a publication with half the circulation of Playgirl and without advertising. P agreed with the condition that some of them be cropped to more modest exposure and that P's photograph occupy a quarter of the front cover. D used the pictures, but because of an editorial mix-up, P's photograph did not appear on the cover. P sued for damages for loss of the publicity. At trial, it was established that the front cover of a magazine was not for sale. Consequently, it is impossible to quote a direct price for front cover space. A full-page advertisement in Playgirl cost $7,500 to $8,000, a quarter page $2,500, and the back cover $11,000. Best of Playgirl carried no advertising and enjoyed only half the circulation of its parent magazine. Richard Cook, western advertising manager for TV Guide, testified that the value of the cover was 'probably close to $ 50,000. The magazine lays on the newsstand, a lot of people that never buy it see it, and everybody that does buy it certainly sees it.' This was based on Playgirl and not the Best of Playgirl edition. Since P would only occupy 1/4th of the cover, he placed the value at $12,500. The court made that award and D appealed.