Posted on February 5, 2016
Costanza v. Seinfeld, 693 N.Y.S.2d 897 (N.Y. App. Div. 1999)
Facts: Michael Costanza alleges that the defendants used his name and likeness without his permission, invaded his privacy, that he was portrayed in a humiliating fashion, and was defamed by defendant Larry David. Costanza also contends that the fictional character in defendant Seinfeld’s show, George Costanza, is based on himself and portrayed him in a humiliating and unfavorable light.
Procedural History: This case is before the court on a motion to dismiss. At this stage of the proceedings, the court must consider all allegations in plaintiff’s complaint as true and read the complaint in the most favorable light to the plaintiff.
Issues: The issues in this case are whether 1) whether defendants invaded plaintiff’s right to privacy under common law, 2) whether New York Civil Rights Law gives plaintiff a cause of action for defendants’ alleged use of his name and likeness without his consent.
Holdings: The Court held that 1) there is no right to privacy at common law, precluding plaintiff’s first claim, and 2) a plaintiff only has a cause of action under New York Civil Rights Law if the name or likeness of plaintiff is used in the context for trade or advertising purposes.
Reasoning: New York law does not allow a common law right to privacy action. Therefore, plaintiff’s seeking damages for right to privacy claims must base their complaint on statutory authority. The applicable New York statute only allows for a narrow class of claims involving using a person’s name or likeness without consent in the case of trade or advertising.
Decision: The Court dismisses all plaintiff’s claims against defendants.
Comments: This was a frivolous lawsuit that should have never been brought in the first place. It was an effort by Costanza to gain 15 minutes of fame and was a waste of judicial time and resources. Recognizing that Costanza’s claims lacked legal merit, the Court sanctioned Costanza in the amount of $2,500.
Worked Cited
Biederman, Donald E., et al. Law and Business of the Entertainment Industries. 5th ed. Westport:
Praeger Publishers, 2007. Print.
Costanza v. Seinfeld, 693 N.Y.S.2d 897 (N.Y. App. Div. 1999).
Type of paper: Literature Review
Citation style: MLA
Pages: 1
Sources: 2
Level: Undergraduate
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