T) he incidental use in an advertisement by a news disseminator of a person's name or identity does not violate the statutory proscription, if it had previously published the item exhibited as a matter of public interest "; emphasis supplied

New York courts have consistently held that the incidental advertising exception applies to all "news disseminators," not just newspapers and magazines

The court stated that it was unreasonable to conclude that the cartoon balloon was either defamatory or an implied endorsement because the entire newspaper cover was used.

—photograph of community activist, originally appearing on cover of Village Voice, could be used in advertisement in which the cover was reproduced as a "logical extension of the clearly protected editorial use of the content of the publication

If the original product is an allowable use of a person' s image, then incidental use of the same images to advertise or promote the product should also be permitted.

The court also found that the poster did not violate Montana's right of publicity "because a newspaper has a constitutional right to promote itself by reproducing its originally protected articles or photographs."

The alleged "commercial" use of the character in advertising was incidental or ancillary to the permitted use

Nor was the cartoon that accompanied the article anything other than commentary, albeit hyperbolic, on a subject of public controversy, and, as such, constitutionally protected opinion

Torts 390 (2) Incidental use exemption protected publisher's subscription-soliciting advertisement containing reproduction of cover of earlier edition of weekly newspaper being advertised from invasion of privacy claim by person depicted, notwithstanding addition of cartoon balloon indicating that person was asking "What's your address?*," with asterisk leading reader …

Criticizing the Namath case: "If carried to its logical conclusion, this rationale could justify perpetual use of a person as a free model, simply because his visage was once published in connection with a news event."). "•'

[CITATION] Artistic Expression or Unfair Exploitation: The Right of Publicity, the …

[CITATION] Communications Law 2004

[CITATION] The rights of publicity and privacy

[CITATION] Chemical Regulation Reporter