From The New York Post:
To football fans, he is the “Gronk.” To a couple unwittingly enmeshed in a less-than-literary work of fiction featuring him, it was an invasion of their privacy. To a panel of judges, it was a case dismissed.
A federal appeals court this week turned away a lawsuit by an unnamed married couple who claimed their likeness was improperly used for the self-published piece of erotic fiction — about a woman’s infatuation with New England Patriots player Rob Gronkowski.
The digitally published “A Gronking to Remember” — distributed by Kindle, Smashwords, CreateSpace and NOOK Press — was billed as the first installment in the “Rob Gronkowski erotica series.”
For the cover art, author Greg McKenna downloaded a photograph he found on the internet of an Ohio couple taken at their engagement and put it online without their permission or compensation. The couple — named in court papers as Jane and John Roe — sued, saying the work was “less than tasteful and is offensive.”
. . . .
But the cover was not necessarily illegal. The 6th Circuit US Court of Appeals found the companies had no input in the creation or design of the book’s cover page. Amazon and Barnes & Noble were among the companies providing the online publishing services.
The court found the Roes failed to prove the companies were liable over any photo rights issues.
Link to the rest at The New York Post and thanks to Noreen for the tip.