Holdke v. The Calgary Convention Centre Authority

Frank Jurgen Holdke (plaintiff) was an actor and trick roper whose stage name was Frank Holt. When Holdke performed rope tricks as Holt, he wore a distinctive costume. The Calgary Convention Centre Authority (defendant) produced Canada’s Cowboy Festival (the festival). In 1997, Holdke attended the festival as a spectator, not in his professional capacity, and informally gave a rope-trick demonstration as himself, not as Holt. A reporter asked Holdke to repeat the demonstration. Holdke obliged while a cameraman filmed the demonstration. The video of the demonstration did not identify Holdke in any way. Holdke gave the reporter his business card, which identified him as Holt. Holdke knew that the cameraman filmed the demonstration and that the reporter intended to air the video as part of a newscast. Ten seconds of the demonstration video aired, and during that segment, the reporter identified Holdke as Holt. In 1999, an advertisement for the festival aired. The advertisement contained two to three seconds of the footage of Holdke’s demonstration without identifying Holdke either as himself or as Holt. Holdke sued the Calgary Convention Centre Authority in Alberta Provincial Court, alleging invasion of privacy by appropriation of name or likeness, also known as wrongful appropriation of personality or misappropriation of likeness, arguing that his damages were $7,500, the amount he claimed he would have charged for an appearance.