## Facts

- Abigail M. Roberson, a minor, had her portrait taken at a photography studio in Rochester, New York.
- Without her knowledge or consent, Rochester Folding Box Co. and Franklin Mills Co. obtained and used her likeness to advertise Franklin Mills flour.
- Defendants printed and circulated approximately 25,000 lithographic posters featuring Roberson’s portrait with the caption “Flour of the Family.”
- The posters were displayed in public places, and Roberson was recognized by acquaintances.
- Roberson alleged humiliation, ridicule, mental distress, and nervous shock requiring medical attention.
- She sought an injunction barring further use of her likeness and $15,000 in damages.

## Issues

1. Whether New York common law recognized a “right of privacy” permitting damages and injunctive relief for non-defamatory, unauthorized commercial use of a person’s portrait.
2. Whether the complaint stated a cause of action at law or in equity based solely on alleged mental and emotional injury from such use.

## Decision

- The New York Court of Appeals reversed the lower courts and dismissed the complaint.
- The court held the complaint stated no cause of action in law or equity.
- The court declined to recognize a common-law right of privacy barring unauthorized commercial use of a likeness.
- The court stated that any such protection should come from the legislature, not judicial creation.

## Legal Principles

- New York common law did not recognize a free-standing “right of privacy” that prohibits the unauthorized use of an individual’s likeness for advertising or trade purposes.
- Emotional distress and mental suffering, without defamation, physical injury, or interference with recognized property or contract rights, did not constitute an actionable legal wrong on these facts.
- Courts should not create broad, undefined new liabilities without established doctrinal foundations; policy-based expansions of rights are for legislative action.

## Conclusion

The court held that unauthorized commercial appropriation of a person’s portrait, absent defamation or another established legal interest, was not actionable under New York common law, and it rejected both damages and injunctive relief on a privacy theory.


Roberson v. Rochester Folding Box Co., 171 N.Y. 538 (1902)