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DuBRAY v. WARNER BROS. RECORDS, INC.

236 A.D.2d 312 (1997)

653 N.Y.S.2d 592

Eternity DuBray et al., Respondents, v. Warner Bros. Records, Inc., et al., Appellants, et al., Defendant

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

February 25, 1997

This lawsuit involves the allegedly unauthorized use of a photograph of Eternity DuBray and his mother, taken in 1984 when Eternity was four years old. The photograph appeared in a book of the defendant photographer's work and later, showing only Eternity, on a record album and related promotional material.

Plaintiffs brought this lawsuit in 1992, alleging four causes of action; the first and third were brought under sections...

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