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5 West Pub. Co. Docket 3981 (1938-1941)

handle is hein.journals/wepubcod5 and id is 1 raw text is: West Publishing Co's
DUKET
F. 6. Stutz, Editor
Vol. 5                  St. Paul, Winter, 1938-39                    No. I
Comment
Is a Star Entitled to Privacy?
The right of a motion picture star to privacy stands upon somewhat the same plane
as that of the actual heavenly luminaries, one may gather from the opinion of District
Judge Vaught in the highly interesting case of Paramount Pictures, Inc. v. Leader
Press, Inc., D. C., 24 F.Supp. 1004. In essence the court decrees that a star loses the
right to privacy by twinkling. The action was brought by a motion picture producer
against one engaged in manufacturing and selling advertising accessories which, ac-
cording to the plaintiff, contained misleading and erroneous information and included
pictures, cartoons, and caricatures of the stars and featured players employed by
the plaintiff in a grotesque, inartistic and inferior manner and which do not afford
to the said stars and featured, players the advertising, publicity and exploitation credit
which they would otherwise receive by the use of the advertising accessories pro-
duced and distributed by the plaintiffs * * *  As an example of the matter com-
plained of, the plaintiff cited the case of a poster, prepared by the defendant for
the picture Cleopatra, which showed the head of Claudette Colbert, depicting
her as a negress instead of a white woman. In sustaining a motion to dismiss, Dis-
trict Judge Vaught said:
The public had heard of Cleopatra long before this picture 'Cleopatra' appeared.
She was an important character in Roman and Egyptian history. Her family tree has
long been in question as well as her personal appearance and her reputation for
chastity, and it is by no means settled whether or not a true picture of Cleopatra
should be depicted in a light or a dark complexion. It might be observed, however,
that if Cleopatra were no more attractive or fascinating than she is made to appear
in some historical sketches, the judgment, if not the sanity, of Caesar and Mark
Anthony might be inquired into. The public is not so interested personally in Clau-

398 I

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