Jour 303 (Folders 9-11)

Intrusion is known as the _________ tort.

News-gathering

After former SC Governor Mark Sanford went missing in action to visit his mistress in Argentina, The State newspaper received and published copies of the lovebirds' email exchanges. The State likely felt comfortable publishing the emails because of their...

Newsworthiness

Sullivan's libel lawsuit was based on what he said were inaccurate statements in an advertisement published in the New York Times.

True

Which of the following is not protected by copyright law?

Ideas

The law of Invasion of Privacy started to develop in the late 1800s, following the publication of...

An article in the Harvard Law Review

The Cantrell case discussed in the PowerPoint lecture on False Light involves False Light via ________.

Embellishment

A lawsuit for libel allows the plaintiff to seek redress for ________ harm.

Emotional

In Hustler Magazine v. Falwell, the Reverend Jerry Falwell hued Hustler for libel, invasion of privacy, and the intentional infliction of emotional distress. At the trial court level, he won his __________ claim(s) before eventually losing at the Supreme Court.

Intentional Infliction of Emotional Distress

"Actual malice" as defined by the Supreme Court in NYTimes v. Sullivan means "common, ordinary, malice or ill will."

False

A child under age 14 can consent to having their name or likeness used for commercial purposes as long as their parent or legal guardian is in the room when the child consents.

False

A factually true statement may be considered to be legally defamatory if the subject of the statement is highly offended by it.

False

A newspaper publishes a photo of a man napping in a public park to illustrate the start of spring. If the newspaper did not get the man's consent to take and publish his photo, the man could sue the newspaper for misappropriation.

False

A successful libel lawsuit requires a showing of widespread publication.

False

Advertisers have a qualified privilege to use someone's name or likeness for their own, commercial, purposes as long as the image (photo., etc.) they use was obtained from an official public record, such as a state database of driver license photos.

False

Because some of the statements in the advertisement were clearly false, the Supreme Court upheld Sullivan's $500,000 libel verdict.

False

Events that have been recorded in public records such as court documents will be considered private after the passage of time, when the public has pretty much forgotten all about the events.

False

Every state in the US allows individuals to sue for False Light invasion of privacy.

False

For an original work of authorship to be protected by copyright, the work must be registered with the government.

False

For certain types of works of authorship to be protected by copyright, the "C in a circle" notice must be displayed on the work.

False

For publication to occur in the context of libel, the publication must have been widespread, or disseminated to many people.

False

If you own a book, manuscript, painting or any other copy or phonorecord, you also own the copyrights in that work of authorship.

False

In Gertz v. Robert Welch, Inc., the Supreme Court held that when private people sue for defamation, the states may decide which "fault standard" applies.

False

In Gertz v. Robert Welch, Inc., the Supreme Court of the United States held that Gertz was a public figure.

False

Misappropriation as a legal cause of action has been recognized in the U.S. since the 1850s.

False

Statements that are harmful to reputation and made in spoken form are called libel.

False

Statements that are harmful to reputation and made in written form are called slander.

False

The Supreme Court held that statements published in the form of a paid-for advertisement are automatically considered to be "commercial speech."

False

The appropriate remedy for a civil wrong, or tort, is for the offender to be charged with a crime.

False

The concept of individual privacy is clearly stated in the Constitution of the Unites States.

False

The problem with the Public Disclosure of Private Facts is that the defendant published something false about an individual.

False

The respondent L.B. Sullivan, whose lawsuit was the subject of the appeal in New York Times v. Sullivan, was the Mayor of Birmingham, AL.

False

Tiger Woods wins the masters and raises his arms in triumph on the 18th green. If you paint Woods' winning likeness on a single canvas and sell T-shirts featuring reproductions of the painting, you be safe from a right of publicity lawsuit by claiming the use was art and not commercial.

False

To win a False Light invasion of privacy lawsuit, a plaintiff must show that the false representation of them caused them to suffer reputational harm.

False

Works of authorship must be published in order to be protected by copyright.

False

You hire someone to mimic John Legend's voice for a proposed ad campaign. You play a recording for the client. If Legend becomes aware that his voice has been used for the advertising pitch, he could bring a successful "right of publicity" lawsuit.

False

You work for an advertising agency. Your client wants to hire John Legend to do vocals for its ad campaign but can't afford his fee. As an alternative, you should propose hiring a sound-alike who can mimic Legend's voice.

False

A lawsuit for libel is designed to allow the plaintiff to seek redress for __________ harm.

Reputational

Which of the following places would an individual reasonably expect to be free from being photographed, recorded, etc.?

Taking a nap on the sofa in one's apartment.

The Invasion of Privacy tort known as intrusion involves...

The intentional invasion of a person's physical seclusion or private affairs.

"Newsworthiness" is a defense to a Private Facts invasion of privacy lawsuit.

True

A mattress company's promotions staff sees a photo in a newspaper of a man napping in a public park on a spring day. If the mattress company uses the man's photo in an advertisement without his permission, the man could sue the advertiser for misappropriation.

True

A misappropriation lawsuit is likely to be unsuccessful if the defendant can prove that the plaintiff consented to the use of his or her name or likeness.

True

An advertiser who wishes to use another's name or likeness for commercial purposes should get written permission to do so.

True

Defamation is considered to be a civil wrong, or tort.

True

Defamation law balances the right to freedom of speech and the right of individuals to protect their good names, or reputations.

True

False Light lawsuits for distortion often involve the use of photographs or other visuals in a context that inaccurately portrays the individuals depicted therein.

True

For legally actionable "Intrusion" to occur, the plaintiff must have had a reasonable expectation of privacy that the defendant breached.

True

Hulk Hogan's invasion of privacy claim against Gawker Media involved the public disclosure of private facts.

True

If a statement is "privileged," the one who published the statement will be immune from a successful libel lawsuit.

True

If someone infringes your copyrights, you will have to register your work of authorship before you can bring a lawsuit for infringement.

True

In Gertz v. Robert Welch, Inc. the United States District Court and the United States Court of Appeals for the Seventh Circuit both found that Gertz was a public figure.

True

In Gertz v. Robert Welch, Inc., the Supreme Court held that even private defamation plaintiffs must prove "actual malice" if they are to receive "punitive damages."

True

In Gertz v. Robert Welch, Inc., the Supreme Court held that winning a damages award in libel lawsuits requires proof that the plaintiff was injured or harmed.

True

In Gertz. v. Robert Welch, Inc., Gertz was the petitioner.

True

In New York Times v. Sullivan, the Supreme Court created a new "fault standard" for libel plaintiffs like Sullivan. This new standard made it more difficult for plaintiffs like Sullivan to win defamation lawsuits.

True

In the Hulk Hogan case, the jury agreed that Gawker Media invaded the wrestler's privacy by publishing a videotape of Hogan in bed with his best friend's wife.

True

It is possible to impermissibly intrude upon another's solitude without trespassing onto their property.

True

Newsworthiness is a defense for a misappropriation lawsuit.

True

People in the public eye get less protection from defamatory statements than do private people.

True

Recording or photographing another is more likely to be considered Intrusive if the one doing the recording or photography is doing so surreptitiously (e.g. in secret or while being hidden) and with the aid of super-sensitive microphones and zoom lenses.

True

Sullivan won his libel lawsuit, which was filed in Alabama and litigated in state court.

True

The Supreme Court agreed that the published ad contained false statements, noting that, "It is uncontroverted that some of the statements contained in the two paragraphs were not accurate descriptions of events which occurred in Montgomery."

True

The Supreme Court of the United States held that Alabama's libel laws, as applied to Sullivan's lawsuit, were "constitutionally deficient."

True

The Supreme Court ruled the way it did in NYTimes v. Sullivan because it believed that people need "breathing room" to freely criticize public officials and without it, people will "self-censor," keeping potentially useful information out of the marketplace of ideas.

True

The basis of a misappropriation claim is the personal outrage that naturally occurs when one is exploited for the benefit of another.

True

The details of defamation law may differ state to state.

True

The records of the Copyright Office are open for inspection and searching by the public.

True

To be valid, a transfer of any or all of the copyright owner's exclusive rights must be in writing and signed by the owner of the rights transferred, or by the owner's agent.

True

Trespassing is the unauthorized entry onto someone else's property.

True

When Gertz sued Robert Welch, Inc. for defamation in Illinois, Gertz was the plaintiff.

True

A work of authorship prepared by an employee within the scope of his or her employment is considered to be a __________________.

a work for hire

Copyright protection begins...

when a work of authorship is created and fixed in tangible form