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Constitutional Law Keyed to Choper
Zacchini v. Scripps-Howard Broadcasting Co.
Citation:
433 U.S. 562 (1977)Facts
Hugo Zacchini performed a “human cannonball” act at the Geauga County Fair in Burton, Ohio, in August and September 1972. The act, which lasted approximately 15 seconds, involved Zacchini being shot from a cannon into a net about 200 feet away. On August 30, a freelance reporter for Scripps-Howard Broadcasting Co. attended the fair with a small movie camera. When Zacchini noticed the reporter, he asked him not to film the performance. The reporter complied that day but returned the following day on his producer’s instructions and videotaped the entire act. The 15-second film clip was shown on the 11 o’clock news program that night with favorable commentary. Zacchini then sued for damages, claiming unlawful appropriation of his professional property. He noted that the act was invented by his father and had been performed only by his family for the previous fifty years.
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