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Keywords

liabilityappealtrialconstitutional law

liabilitywillcopyrightrespondent

Related Cases

Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562, 97 S.Ct. 2849, 53 L.Ed.2d 965, 40 Rad. Reg. 2d (P & F) 1485, 5 O.O.3d 215, 205 U.S.P.Q. 741, 2 Media L. Rep. 2089

Facts

Hugo Zacchini, a performer known for his 'human cannonball' act, sued Scripps-Howard Broadcasting Co. after they videotaped his entire performance without his consent and aired it on television. Zacchini argued that this constituted an unlawful appropriation of his professional property. The trial court initially ruled in favor of the broadcasting company, but the Ohio Court of Appeals reversed this decision, stating that Zacchini had a valid cause of action. However, the Ohio Supreme Court ultimately ruled in favor of the broadcasting company, citing constitutional privileges regarding matters of public interest.

Issue

Did the First and Fourteenth Amendments immunize the broadcasting company from liability for airing the entire performance of the human cannonball act without the performer's consent?

Rule

The First and Fourteenth Amendments do not provide immunity to the media when broadcasting a performer's entire act without consent. While states may choose to privilege the press in certain circumstances, such privileges are not mandated by the Constitution. The right of publicity, which protects an individual's control over the commercial use of their identity, remains enforceable even against media entities.

The First and Fourteenth Amendments do not immunize the news media when they broadcast a performer's entire act without his consent, and the Constitution no more prevents a State from requiring respondent to compensate petitioner for broadcasting his act on television than it would privilege respondent to film and broadcast a copyrighted dramatic work without liability to the copyright owner.

Analysis

The court analyzed the implications of broadcasting Zacchini's entire act, noting that such a broadcast could significantly diminish the economic value of his performance. The court emphasized that the right of publicity serves to protect the economic interests of performers, allowing them to control the commercial exploitation of their talents. The Ohio Supreme Court's reliance on previous cases did not justify the media's privilege to broadcast the entire act without compensation, as this would undermine the performer's ability to earn a living.

The broadcast of a film of petitioner's entire act poses a substantial threat to the economic value of that performance, since (1) if the public can see the act free on television it will be less willing to pay to see it at the fair, and (2) the broadcast goes to the heart of petitioner's ability to earn a living as an entertainer.

Conclusion

The Supreme Court reversed the Ohio Supreme Court's decision, holding that the First and Fourteenth Amendments do not immunize the media from liability for broadcasting a performer's entire act without consent.

The First and Fourteenth Amendments do not immunize the news media when they broadcast a performer's entire act without his consent.

Who won?

The prevailing party in this case was the broadcasting company, Scripps-Howard Broadcasting Co. The Supreme Court ruled that while the state of Ohio could provide certain privileges to the press, the First and Fourteenth Amendments did not require such privileges. The court concluded that the broadcasting of Zacchini's entire act without his consent was not protected under constitutional law, thus allowing the broadcasting company to avoid liability for the appropriation of Zacchini's right of publicity.

The Ohio Supreme Court held that respondent is constitutionally privileged to include in its newscasts matters of public interest that would otherwise be protected by the right of publicity, absent an intent to injure or to appropriate for some nonprivileged purpose.

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