Joseph v. Daniels
British Columbia Supreme Court
4 B.C.L.R. (2d) 239, 11 C.P.R. (3d) 544 (1986)
- Written by Meredith Hamilton Alley, JD
Facts
Brent Daniels (defendant), a photographer, was commissioned to create a photo to be used in a magazine advertisement for a cat show. Joseph (plaintiff), an amateur bodybuilder, agreed to model for the photo for the advertisement for payment of $50. Joseph and Daniels did not discuss other possible uses of the photo. Because Joseph was concerned about maintaining his amateur status, he refused to sign a release to allow Daniels unrestricted use of the photo. Daniels took a photo that depicted Joseph’s bare torso with Joseph holding a kitten in his arms, in front of his chest. The photo contained no characteristics that identified the model as Joseph. The photograph was published in the magazine and was met with international critical success for Daniels’s creativity in depicting a small, fragile creature against the background of Joseph’s muscular physique. Daniels printed copies of the photo and sold them as posters. Joseph learned about the poster sale and sued Daniels in the British Columbia Supreme Court for invasion of privacy by appropriation of name or likeness, among other theories.
Rule of Law
Issue
Holding and Reasoning (Wallace, J.)
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