Cameras and the Fight to Protect Gilded Age Americans’ Privacy

The dawn of photography brought a fascinating blend of art and technology, forever changing how we capture and perceive reality. However, this innovation also led to significant privacy invasions and legal challenges as individuals struggled to maintain control over their images. This article delves into the early history of photography, the misuse of personal portraits, and the landmark legal battles that ultimately shaped privacy laws in America.

In 1904, Elizabeth Peck, a widow from a small Iowa town, had her portrait taken, never imagining that her image would be misused. A photographer sold her portrait negatives to a company notorious for evading taxes by marketing its beverage product as medicinal. Peck's image appeared in ads, falsely endorsing the drink as a cure-all without her consent. Peck, who abstained from drinking, was misrepresented as a nurse recommending the product, highlighting the lack of control individuals had over their own likenesses during this era.

The introduction of George Eastman's Kodak camera in 1888 revolutionized photography, making it accessible to the general public. Eastman's innovation allowed customers to mail their cameras to Kodak for film development, drastically simplifying the process. This democratization of photography led to a surge in amateur photographers and widespread fascination with capturing moments. However, it also resulted in numerous privacy invasions, as people's images were often used without their permission, fueling a burgeoning economy around unauthorized photographs.

As photography became more prevalent, so did the unauthorized use of personal images. The case of Abigail Roberson, whose face was used for a flour advertisement without her consent, exemplifies the legal struggles of the time.

The public backlash for cases similar to Roberson's spurred legislative change. In 1903, New York became the first state to enact the right to privacy law, prohibiting using someone's likeness for advertising without their written consent. This legal precedent was soon picked up by other states and established a framework for privacy rights in America. These early laws focused on the commercial exploitation of images, laying the groundwork for future privacy protections.