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Article
May 23, 1908

DAMAGES FOR A PHOTOGRAPH AND A TESTIMONIAL.

JAMA. 1908;L(21):1695. doi:10.1001/jama.1908.02530470033007

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Abstract

In the United States Circuit Court, New York City, May 12, Judge Lacombe announced the award by the jury of $6,000 damages to a saleswoman in a department store who had sued the Lydia E. Pinkham Medicine Co. for having used her photograph in their advertisements without her consent. The saleswoman had pleaded that the publication of the advertisement caused her life to become unbearable. Her fellow workers made fun of her. In spite of her protest, the same advertisement and picture appeared in other New York papers and produced so much contempt for her that she was finally obliged to give up her employment. The story of how the photograph and testimonial were obtained follows certain exposures of the same kind. The plaintiff had been asked to permit a photographer to take her portrait on condition that he should be allowed to retain one of them for his show

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