Exhibitors Herald (Dec 1917 - Jun 1918)

X H B O R H R D Existence Of News Weekly Periled By Decision Of Kansas Supreme Court High Court Holds Individual May Recover Damages,Not Named Specifically, for Exhibition Of Photograph Threatening the very existence of the weekly news reels the supreme court of Kansas, in a decision handed down this week, has ruled that exhibition in a moving picture theatre of the photograph of a person taken without consent and for the purpose of exploiting the publisher's business is a violation of the right of privacy and entitles the person to recover damages without proof of special damages. While the decision itself was not based on a case against a news weekly the finding of the court is so broad in its nature as to easily include this important branch of the industry within its scope. The case in question was that of Stella Kunz against W. H. Allen and Charles H. Bayne, owners of a dry goods store in Kansas City, Kansas. The plaintiff was in the dry goods store of. the defendants making some purchases. Without her knowledge or consent the owners of the store are alleged to have caused motion picture films to be taken of her face, form and garments . Later the films were developed and displayed in a motion picture theatre in the neighborhood where the plaintiff lived. Subject to Gossip It was alleged that as a result of the display the woman became the subject of common gossip among her friends and acquaintances. She brought suit for damages, but the Wyandotte county district court sustained a demurrer and threw the case out of court. In deciding the case the trial court held that the woman failed to introduce evidence as to specific damages. Some of the plaintiff's friends even stated on cross examination that the picture display did not lessen their esteem for the woman. But the supreme court held that such admissions were mere admissions of friendship and did not remove the woman's right to recover. The state supreme court quoted extensively from opinions as to right of privacy. Individual Privacy Sacred "The right of privacy," the court held, "has its foundation in the instincts of nature. Each individual as instinctively resents any encroachment by the public upon his rights which are of a private nature as lie does the withdrawal of those rights which are of a public nature. ... If one's picture may be used by another for advertising purposes, it may be reproduced and exhibited anwhere. It may be used in a newspaper, it may be used on a poster of a placard. It may be posted upon the walls of a private dwelling or upon the streets. It may ornament the bar of the saloonkeeper or decorate the walls of a brothel. By becoming a member of society, neither man nor woman can be presumed to have consented to such uses of the impression of their faces and features upon paper or upon canvas." The case is reversed and sent back to the Wyandotte district court with instructions that the order sustaining the demurred be set aside. Al Hall With Fox William Fox has acquired the services of Al Hall to play the juvenile role in support of the Lee children in a new feature, as yet untitled, now in the making at the Biograph Studio, Bronx, New York, under the direction of Keanan Buel. Mr. Hall was associated with the Fox productions some time ago and is recalled for his good work in "Little Miss U. S. A" and "The Painted Madonna." It was in Hall Caine's "The Deemster," however, that young Hall achieved his greatest success. Metro Backs Loan With Screen and Star Metro Pictures Corporation is e fectively aiding the third Liberty Loa drive throughout the United State with its stars and patriotic production President Richard A. Rowland h; placed the entire organization behir the movement, and has written a le ter to each of the firm's twenty-sev< exchanges urging them to get behit the government in every possible wa Two of Metro's stars, Arnold Da and Emmy Wehlen, have already di tinguished themselves as four-minu speakers. Miss Wehlen is making two weeks' tour of eleven eastern citi< not only speaking, but also singing arouse interest in the government loa Shipman to Handle "Berlin Via America "Berlin via America," the first Fords production, in which Francis Ford ai Edna Emerson are starred, it is a nounced will be published on the sta rights basis. Mr. Ford has select Ernest Shipman, 17 West 44th stre New York, as sales agent for _t handling of this big, timely productic Mr. Shipman, who in the past h handled many big features, knows t state right market from every angle. I already has a number of buyers int< ested in "Berlin' via America" and t pects to close out a number of territor within a very short time. William Rock Left $1,436,667 The will of William T. Rock, pion< in the motion picture industry and c of the organizers of the Vitagraph Co pany, was filed in the Surrogate's Coof Brooklyn last week. The estate valued at $1,436,667, of which his oi son, John, receives $1,308,677 and wife $50,000. The rest of the estate distributed among his other children. THREE SCENES FROM "HEARTS OR DIAMONDS" WILLIAM RUSSELL, IN HIS FIRST PRODUCTION UNDER HIS OWN COMPANY, APPEARS AS A COLLECTOR OF PRECIOUS STONE! CHARLOTTE BURTON APPEARS IN MR. RUSSELL'S SUPPORT, IN THE ROLE OF ADRIENNE GASCOYNE. (Russell-Mutual.) 18