4 Areas of Privacy Law
1) Appropriation of name or likeness for trade purposes
2) Intrusion upon an individual's solitude
3) Publication of private information about an individual
4) Publication of material that puts an individual in a false light
Roberson v. Rochester Folding Box Co
1902. a young woman awoke to find her face plastered on posters all over town advertising flour. she was very embarrassed and sued for invasion of privacy but lost. people didnt like the way she was treated. this is where appropriation comes from.
Appropriation Tort legal causes of action
1) right to privacy
2) right to publicity
right to publicity
one of the legal causes of action under the appropriation tort. it is an attempt to remunerate individuals for the economic harm suffered when their name or picture is used for advertising or trade purposes and they are not compensated for it. this is only for well-known people who have a legally recognized economic value in their names or likeness who can sue. the average person can only assert emotional damage in a right of privacy suit.
right to privacy
one of the legal causes of action under the appropriation tort that was designed to protect an individual from the emotional damage that can occur when a name or likeness is used for a commercial or trade purpose.
this can be a name, picture, sketch, voice, sometimes even a depiction of characters
White v. Samsung Electronics
Vanna White, a tv personality and "Wheel of Fortune" woman, successfully sued Samsung for using a robot wearing a dress and a blond wig that depicted her likeness saying that Samsung products would still be state of the art after White was replaced.
the publication of news and information in magazines, books, newspapers, and news broadcasts is not considered a trade purpose, even though the mass medium may make a profit from such a publication.
doctrine of incidental use: is recognized in many jurisdictions and permits a fleeting or brief use of an individual's name or likeness in some kinds of commercial creations. ex. Amazon.com book cover
this rule is closely related to the incidental use doctrine. this rule provides fairly broad protection to the mass media in most states if an individual;s name or likeness is used in advertising for a particular information medium. with actress booth, she agreed to have her picture used for a feature in a "Holiday" travel magazine, however, she sued for invasion of privacy when the magazine used her picture on the cover to sell the magazine. the magazine could do this. not like they were using her picture to sell spaghetti. using the picture to sell the magazine.
anyone who seeks to use the name or likeness of an individual for commercial or trade purposes should gain written _______ from that person.
when consent is invalid
1) ____ given today may not be valid in the future: ex. if the ____ was given many years before the publication, if the person from the ____ was gained cannot legally give ____ (if they are underage, if they are mentally ill, if they are in prison), or if the photograph or material that is used is substantially altered
Key difference with Intrusion Tort
this tort differs from the other 3 invasion of privacy torts in that these types of cases focus exclusively on how information is assembled. the act of gathering the material constitutes ____. In the other 3 torts, publication of the material generates the legal wrong.
question court asks with intrusion cases
whether the subject of the intrusion "enjoyed a reasonable expectation of privacy" when the information was collected. location location location! ex. restaurant vs. office. no privacy in public
the use of hidden recording devices is acceptable...
1) when the information is of profound importance
2) when all other alternatives for obtaining the same information have been exhausted
3) when the individuals involved and their news organizations apply-through outstanding quality of work as well as the commitment of time and funding-the excellence needed to pursue the story fully
4) when the harm prevented by the information revealed though deception outweighs any harm caused by the act of deception
5) when the journalists involved have conducted a meaningful, collaborative and deliberate decision to justify deception
info gained from intrusion
this has not been regarded as a violation of privacy law as long as the publication or broadcast of material obtained through an intrusion by a third party.