The Right of Publicity

Jennifer Rothman argues that when the tort of a “right of privacy” first emerged in the early twentieth century, its appearance was a response to concerns that the names or likenesses of individuals could be displayed in public without their consent. With the advent of the portable camera, images of persons could be recorded and published in the form of photographs, and it was easy for photographers surreptitiously to take pictures of others. In 1899 a photographic studio commissioned to create a formal portrait of Abigail Roberson sold negatives of the portrait to the Rochester Folding Box Company, a manufacturer and distributor of flour. The company put a likeness of Abigail on an advertisement for Franklin Mills Flour. Abigail was “greatly humiliated” on learning that her picture had been used in the advertisement, claimed that she had endured the “scoffs and jeers of persons” who recognized her in the ad, and sued Rochester Folding Box for physical and emotional suffering caused by injury to her “good name

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• What We Owe Past Selves

  Open Access•Lauritz Aastrup Munch•Journal of Applied Philosophy•2023

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