Chapter 7 Study Questions

Using someone's image or likeness in an advertisement is a commercial use, subject to the tort of appropriation. Which of the following is not an example of a commercial use? A) Display of a person's photograph in the window of a photographer's studio to show customers the quality of work done by the studio. B) Use of an individual's name or likeness in a banner ad on a Web site. C) A newspaper printing a front-page photo of a firefighter saving a person from a burning building. D) A testimonial suggesting that an individual eats a certain cereal or drives a certain automobile.

A newspaper printing a front-page photo of a firefighter saving a person from a burning building.

When examining intrusion cases, courts generally: A) Agree that there is generally no privacy in public settings. B) Disagree over the amount of privacy that may be attained in public settings. C) Agree that there is no privacy right in intrusion. D) Agree that little privacy can be expected today in public and private settings.

Agree that there is generally no privacy in public settings.

Under what circumstances may obtaining consent not work when using someone's name of likeness? A) Oral consent for using someone's image was provided more than 10 years ago. B) A minor agrees to appear in a commercial without parental consent. C) The consenting party's photograph is substantially altered by changing the original background of where the image was taken. D) All of the above.

All of the above.

Which of the following statements best characterizes the right to privacy and right to publicity concerning appropriation? A) Both rights are used synonymously and legally mean the same thing. B) The right to privacy protects a person's right to be free from embarrassment. C) The right to publicity protects an individual's property right, namely any value in their name or likeness. D) Both B & C are correct.

Both B & C are correct.

There are four privacy torts identified in the text, including all of the following except: A) Intrusion B) Invasion C) Appropriation D) False Light

Invasion

Unlike the right to privacy, the right to publicity: A) May live on after the individual dies. B) Dies when the individual passes away. C) Requires obtaining consent prior to publication. D) Often hinges on the plaintiff's demonstration of negligence.

May live on after the individual dies.

The "Booth Rule" enunciated in Booth v. Curtis Publishing Co. (1962) states that: A) Media must obtain consent before using photographs for news and advertising. B) Media must obtain consent before using photographs, but only if used for commercial purposes. C) Media may be liable for republication appropriation. D) News media may run previously published material in advertisements, but only if such ads are used to promote themselves.

News media may run previously published material in advertisements, but only if such ads are used to promote themselves.

As opposed to other privacy torts, intrusion is unique because: A) No publication of material is necessary. B) Publication in electronic media outlets (including the Internet) is required. C) It involves both the right to privacy and the right to publicity. D) It does not apply to those who are deemed to be public persons.

No publication of material is necessary.

Publishing or broadcasting an individual's name or likeness for news and information purposes is: A) Inappropriate and constitutes a violation of the appropriation tort. B) Not a violation of appropriation if the person is a celebrity. C) Not a violation of appropriation; "news and information" is a broad exception to the appropriation rule. D) A violation of the appropriation rule if the individual is a private person.

Not a violation of appropriation; "news and information" is a broad exception to the appropriation rule.

Taking photographs of people who are in public places does not constitute an intrusion unless: A) The person being photographed objects. B) The person being photographed is otherwise considered a private person. C) The person being photographed is otherwise considered a public person, meaning their right to publicity is being violated. D) The person being photographed could be harmed or is being harassed by the photographer.

The person being photographed could be harmed or is being harassed by the photographer.

Based upon the precedent set in Dieteman v. Time Inc. (1971), a case involving a man who was accused of practicing medicine without a license, intrusion includes: A) The use of a hidden recording device in a business open to the public. B) The use of a hidden recording device on public property. C) The use of a hidden recording device in a person's home. D) All of the above.

The use of a hidden recording device in a person's home.

All of the following are not valid reasons for using hidden recording devices except: A) To beat a competing news organization on a story. B) To get the story more cheaply. C) When the subject of the story is an unethical person. D) To document the illegal actions of a public official.

To document the illegal actions of a public official.

All of the following are examples of situations where the parties have a reasonable expectation of privacy except: A) Two persons are speaking in a private office. B) Two persons are speaking in a restaurant and someone at the next table can hear them. C) Conversation between co-workers at a job where the general public does not have access to the area. D) E-mails sent on a personal account, like Yahoo! mail.

Two persons are speaking in a restaurant and someone at the next table can hear them.

In general, privacy law: A) Is uniform across all fifty states. B) Only deals with the gathering of information, not publication. C) Varies considerably from state to state. D) Is derived almost entirely from federal statutes.

Varies considerably from state to state.