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Christina McCabe v. The Village Voice, Inc.

550 F. Supp. 525, 8 Media L. Rep. 2580 (1982)

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Christina McCabe v. The Village Voice, Inc.

United States District Court for the Eastern District of Pennsylvania
550 F. Supp. 525, 8 Media L. Rep. 2580 (1982)

SH

Facts

News Group Publications, Inc. (Village Voice) (defendant), as successor-in-interest of The Village Voice, Inc., was the publisher of The Village Voice newspaper. The April 1980 issue of The Village Voice contained a feature called “Centerfold” that focused on the work of the photographer Donald Herron. The feature presented a series of photographs consisting of individuals in bathtubs, most of whom were nude, including one such photograph of Christina McCabe (plaintiff) taken a few years earlier. McCabe had agreed to having her picture taken and asked Herron what his intentions were. Herron told McCabe that he wanted to publish a book. McCabe said nothing in response, and there was no further contact between Herron and McCabe until the initiation of a lawsuit. Before publication, Herron provided Village Voice with model releases for each photograph to be published in the feature. The supposed model release for McCabe was signed, but part of the signature was crossed out, and the parties conceded that neither Herron nor McCabe actually signed the release. Following publication of the April 1980 issue of The Village Voice, McCabe brought suit against Village Voice for invasion of privacy, namely, publication of private facts, among other claims. Village Voice filed a motion for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Lord, J.)

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