Myskina v. Conde Nast Publications, Inc.

386 F. Supp. 2d 409 (2005)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Myskina v. Conde Nast Publications, Inc.

United States District Court for the Southern District of New York
386 F. Supp. 2d 409 (2005)

JL
Play video

Facts

Anastasia Myskina (plaintiff) was a 20-year-old top-ranked female tennis player. Myskina was a Russian citizen and was not fluent in English. An editor with Conde Nast Publications, Inc. (Conde Nast) (defendant) asked Myskina’s agent if Myskina would agree to be photographed for an issue of Gentleman’s Quarterly (GQ), a magazine. Myskina’s agent agreed, and Myskina went to a photoshoot for the magazine. The photographer was Mark Seliger (defendant). Myskina agreed to be photographed in the nude for the magazine cover. According to Myskina, her agreement was only given after Conde Nast and Seliger agreed to only use the photographs for the magazine. Myskina signed a release form drafted by Conde Nast, consenting to the use of the photographs by Conde Nast and others for editorial purposes. The release did not restrict the publication of the photographs. The release also did not contain a merger clause. Seliger completed the photoshoot for GQ. Seliger also took additional photographs of Myskina after the main photoshoot, but according to Myskina, Seliger agreed not to publish these photographs anywhere. These additional photographs depicted Myskina topless in blue jeans. Subsequently, Seliger licensed the photographs to another magazine, which published the photographs. Myskina sued Conde Nast and Seliger for breach of contract. Conde Nast and Seliger moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Mukasey, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 735,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 735,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 735,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership