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Early photographers sold their snapshots to advertisers, who reused the individuals’ likenesses without their permission
A teenage girl named Abigail Roberson noticed her face on a neighbor’s bag of flour, only to learn that the Franklin Mills Flour Company had used her likeness in an ad that had been plastered 25,000 times all over her hometown.
After suffering intense shock and being temporarily bedridden, she sued. In 1902, the New York Court of Appeals rejected her claims and held that the right to privacy did not exist in common law. It based its decision in part on the assertion that the image was not libelous; Chief Justice Alton B. Parker wrote that the photo was “a very good one” that others might even regard as a “compliment to their beauty.”