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P is an employee of Port-O-San, a corporation engaged in the business of furnishing and servicing portable latrines. P was sent by his employer to Bethel, New York in August 1969 to service such portable latrines furnished by Port-O-San to the promoters of the Woodstock music festival. While he was servicing the Port-O-San latrines, P was diverted from that work and engaged in conversation by agents who were filming the festival. A feature-length 'documentary' was assembled, which defendant Warner Bros. Inc. undertook to distribute for commercial viewing. The only motive was for commercial profit-making purposes. D appeared in a sequence of approximately two minutes showing P emptying latrines. P contends that while he was engaged in his ordinary work he was without warning, and without consent, drawn into a conversation and photographed so that the sequence could be used as a key part of the theme of the 'documentary' which was being prepared as a commercial enterprise. D refused to delete the scene and proceeded to distribute the film nationwide. P alleges mental anguish, embarrassment, public ridicule, and invasion of his right to privacy which has detrimentally affected his social and family life and his employment. D moved for summary judgment. It was granted, and P appealed.

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