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Tootsie Redressed
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Hoffman subsequently sued the magazine for $5 million, claiming his publicity rights had been violated and that use of his image deceptively implied a form of product endorsement.
The Federal District Court agreed with Hoffman and ordered the magazine to pay a total of $3 million in compensatory and punitive damages. However, the U.S. Court of Appeals reversed the judgement, holding that the magazine spread was speech protected by the First Amendment, noting that if the entire article was taken in context, it was obvious the magazine had not intended to deceive readers.
Links and References
• Dustin Hoffman Wins Suit on Photo Alteration. (Jan 23, 1999). New York Times.
• Court protects magazine's spoof photo spread. (July 9, 2001). RCFP.
• Tootsie, Wikipedia.
• Court protects magazine's spoof photo spread. (July 9, 2001). RCFP.
• Tootsie, Wikipedia.
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All text Copyright © 2011 by Alex Boese, except where otherwise indicated. All rights reserved.


