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COHEN v. HALLMARK CARDS, INC.

58 A.D.2d 770 (1977)

Scarlet Cohen et al., Respondents, v. Hallmark Cards, Inc., Appellant and Third-Party Plaintiff. Ken Heyman, Third-Party Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 12, 1977

Ken Heyman, a professional photographer, had used Scarlet Cohen and her infant daughter as models and had taken photographs of them in October, 1966 for commercial use. In 1971, Hallmark Cards, Inc., purchased photographs of the plaintiffs from Heyman, who assured Hallmark that he had obtained model releases for use of the pictures. The contract between Heyman and Hallmark stated in pertinent part: "All original photographs which...

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