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True, by giving Playboy a general release Douglass took a risk that her nude photographs would end up in an offensive setting that would damage her career as a model for television commercials, and it might seem that someone who takes such a risk cannot have a high regard for her privacy. Use of this website constitutes acceptance of our User Agreement and Privacy Policy. This move was not unconnected with his earlier photographing of Douglass. But the Supreme Court has told us most recently in the Bose case, see S. He testified that he couldn't find the releases at first but that eventually he submitted to Hustler two releases signed by Douglass, one for the photo session for the "Ripped-Off" pictorial, the other for the "Water and Sex" pictorial. That the setting is indeed a degrading one requires only a glance through the issue of Hustler in which "Robyn Douglass Nude" was published to confirm. That year she posed nude together with another woman for the freelance photographer Augustin Gregory, a codefendant with Hustler in the district court.
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The first page is dominated by a picture of Douglass, shown from the front, rain-splattered, wearing only an open raincoat. Day started selling on the street way before he decided to open up shop. Hustler argues that it relied on Gregory to supply authentic releases and cannot be found to have acted with actual malice if he submitted forged ones. Moreover, the photos obviously are posed rather than candid shots; they show what the photographer wanted the women to do, not necessarily what the women wanted to do. The question assumes rather an abstract cast given that we have reversed and remanded for a new trial, where there will be new findings, and a further appellate review if the losing party desires it. As a matter of fact, we cannot review it. The qualification, however, and the analogy to copyright which supports Douglass's right-of-publicity claim, suggest that knowledge or even care is irrelevant at least to that claim; for it is no defense to copyright infringement that the infringer reasonably but mistakenly thought he had a license.
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The rule and accompanying Advisory Committee Note indicate that such testimony is admissible whenever it concerns a topic on which a lay jury would be assisted by such testimony, and that the term "expert" includes the skilled layman — and the witness here was more. In describing Hustler Magazine, the court in Faloona v. So there must be a new trial. This extension is closely related to copyright. The titles of several articles in the issue are printed on the cover, next to the picture, including along with some titles that are not related to sex "New Discovery: But you have to look at what people are now.
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This is a matter for further exploration on remand if the jury is again asked to award punitive damages. Contact About Jobs Legal. Had enough Top 10 lists? That year she posed nude together with another woman for the freelance photographer Augustin Gregory, a codefendant with Hustler in the district court. Art, even of the questionable sort represented by erotic photographs in "provocative" magazines — even of the artless sort represented by "topless" dancing — today enjoys extensive protection in the name of the First Amendment. Putting constitutional concerns aside, therefore, as insubstantial, we note that Rule of the Federal Rules of Evidence defines the scope of permissible expert testimony very broadly.
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