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If a photograph has been published previously the implied representation that its present publication is with the consent of the subject is weakened; the first publication may have put the photograph in the public domain.

2d 250 1970 , the only false-light case decided by the Illinois Supreme Court, Leopold, the surviving defendant in the Leopold and Loeb murder case, brought suit against the author of a book about the case, charging that the book Compulsion placed Leopold in a false light.

There are two problems with the estimate.

2d 509, 512 1975 Schaefer, J.

Thus, not only did the jury think Gregory a real defendant, but we must assume so did his codefendant--though in fact Gregory had a financial interest in not giving evidence unfavorable to the plaintiff unless he thought his evidence would make it certain that the jury would bring in a verdict in his favor, in which event he would not have to worry about a judgment being executed against him.

, 3 Nimmer on Copyright Sec.

Liberty Lobby, , 648-49 11th Cir.

Although Bose itself involved judge rather than jury findings, its principle is applicable to the latter as well as the former.

In cases in which that tort has been charged, albeit unsuccessfully, the Illinois courts have proceeded as if it existed in Illinois.

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