The News Disseminator Exception To Commercial Misappropriation On The InternetIn Howard Stern v. Delphi Internet Services Corporation, the right to reproduce the photographs of Howard Stern with is backside exposed was upheld under the First Amendment freedom of expression. There was no finding of right of publicity because Stern was public figure by the fact that he had declared candidacy for Governorship of New York and this online article provided commentary regarding this event.
The following questions have been addressed in this article:What is the right of publicity?
What are the elements of the commercial misappropriation of a person's name or likeness a misdemeanor under New York law?
What is the “incidental use exception”?
What are the facts of this case?
What did the court determine?