Welch v. Carson Productions Group, Ltd.
United States Court of Appeals for the Second Circuit
791 F.2d 13 (1986)
- Written by Sarah Holley, JD
Facts
Charles Welch (plaintiff) was a professional actor who appeared in a 1967 commercial entitled “Disadvantages” for Benson & Hedges cigarettes and in a 1972 commercial entitled “Tap Dancer” for United Airlines. In 1982, Carson Productions Group, Ltd. (defendant) began production of a television program entitled Television’s Greatest Commercial—Part II that was designed to feature a collection of well-known commercials, including “Disadvantages” and “Tap Dancer.” In accordance with Section 36 of the 1977 Screen Actors Guild (SAG) Television Agreement (Green Book), Carson attempted to identify Welch in order to obtain his consent and negotiate compensation for the reuse of the commercials and contacted SAG when it was unable to do so. Only after SAG itself was also unable to identify Welch did Carson use the footage, as permitted by the Green Book. Following the program’s broadcast, Welch brought suit against Carson, alleging that the reuse of the commercials without his written consent violated Sections 50 and 51 of the New York Civil Rights Law. The district court ruled in favor of Carson. Welch appealed.
Rule of Law
Issue
Holding and Reasoning (Miner, J.)
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