Gould Estate v. Stoddart Publishing Co.
Ontario Superior Court of Justice
30 O.R. (3d) 520 (1996)
- Written by Meredith Hamilton Alley, JD
Facts
Glenn Gould was a famous Canadian concert pianist. In 1956, Jock Carroll, a journalist, spent a great deal of time interviewing and photographing Gould for an article. A magazine published the article and some of Carroll’s photographs of Gould. After Gould’s death in 1982, his interests were represented by the Gould Estate (the estate) (plaintiff). In 1995, without the estate’s authorization, Stoddart Publishing Co. (Stoddart) (defendant) published a book that Carroll wrote about Gould, incorporating some of Carroll’s photographs. Gould and Carroll never discussed uses of Carroll’s photographs beyond publication in the magazine in 1956. The estate sued Stoddart, arguing that the unauthorized use of the photographs constituted the tort of invasion of privacy by appropriation of name or likeness, also known as appropriation of personality, wrongful appropriation of personality, and misappropriation of likeness. Stoddart filed a motion for summary judgment in the Ontario Superior Court of Justice.
Rule of Law
Issue
Holding and Reasoning (Lederman, J.)
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