Ch 7: Invasion of Privacy

Appropriation of one's name or likeness for trade purposes Intrusion upon an individual's solitude or seclusion Public disclosure of private facts about an individual Publishing material that puts an individual in a false light

FOUR AREAS OF PRIVACY LAW

appropiation

It is illegal to use an individual's name or likeness for commercial or trade purposes without consent. protects an individual's name or likeness from commercial exploitation

Greater Transparency

: Companies should disclose details about their collection and use of consumers' information, and provide consumers access to the data collected about them.

Simplified Choice for Businesses and Consumers

Companies should give consumers the option to decide what information is shared about them, and with whom. This includes a "Do-Not-Track" mechanism that would provide a simple way for consumers to control the tracking of their online activities.

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

WHat is the booth rule?

the notion of control— the ability of individuals to control decisions, physical space and the flow of information

What all three of these conceptions of privacy have in common

A photograph of an individual is obviously a likeness. But the photo doesn't have to be a facial shot

What is a likeness?

Gossip, substance of private conversations and details of a private tragedy or illness have all been used as the basis of a suit.

What is truthful private information?

of publicity

When a celebrity's name or likeness is used without his or her consent, the appropriation is said to affect the celebrity's right

The creative appropriation of celebrity images can be an important avenue of individual expression;transformative use test

Why was Saderup held liable for his three stooges commercial commodities? which test was used?

appropiation

defined as taking a person's name, picture, photograph or likeness and using it for commercial gain without permission.

1. Use of a person's name or photograph in an advertisement on television, on radio, in newspapers, in magazines, on the Internet, on posters, on billboards and so forth. Rapper 50 Cent sued a Philadelphia car dealer for $1 million in 2005 for using his name in an ad for a Dodge Magnum. The ads used the slogan, "Just Like 50 Says." 2. Display of a person's photograph in the window of a photographer's shop to show potential customers the quality of work done by the studio. 3. A testimonial falsely suggesting that an individual eats the cereal or drives the automobile in question. 4. Use of an individual's name or likeness in a banner ad or some other commercial message on a Web site. 5. The use of someone's likeness or identity in a commercial entertainment vehicle like a feature film, a television situation comedy or a novel.

examples of the kinds of actions that may be regarded as a commercial use:

The right to publish or broadcast an individual's name or likeness for news and information purposes

exception to the appropriation rule

false light

fourth category of the law of privacy. This category is an outgrowth of the first area of the law, appropriation, and doesn't at first glance seem like an invasion of privacy at all, but it is regarded as such by the law.

The 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.

1) appropriation/right of publicity; 2) intrusion into seclusion; and 3) public disclosure of private facts (also called publication of private information).

n three common law privacy causes of actions (legal theories of recovery):

the publication of news and matters of public interest in magazines, books, newspapers and news broadcasts

not considered a trade purpose, even though the mass medium may make a profit from such publication

Privacy of autonomy

privacy means private and personal decision making by an autonomous individual, free from government interference and intrusion (such as right of abortion)

protect an individual from the emotional damage that can occur when a name or likeness is used for a commercial or trade purpose

right-to-privacy dimension of appropriation was designed to

convincing the court that when the intrusion occurred, he or she enjoyed a reasonable expectation of privacy; there can be no such expectation if the plaintiff was in a public place

the plaintiff off the intrusion case has the burden of what? what is the general rule

Advertising or trade purposes

these are commercial uses, or someone makes money from the use

Spilfogel v. Fox Broadcasting Co

was filmed for an episode of the television show "COPS" without her knowledge during a traffic stop in Florida

The law prohibits only the unauthorized use of a name or likeness for commercial or trade purposes

what does consent as a defense say?

n upon the solitude and into the private life of a person is prohibited

what is intrusion?

arguing that in publishing the information the defendant was serving the public interest

what rarely succeeds in defending an intrusion?

right to privacy; right to publicity

what right dies after someone dies? what lives on?

It is illegal to intrude, physically or otherwise, upon the solitude, seclusion or private affairs of an individual if a reasonable person would find the manner of the intrusion to be highly offensive.

Define INTRUSION

the FTC calls for companies to incorporate privacy protections into their practices, such as data security, reasonable collection limits, sound retention and disposal practices and data accuracy.

Describe the a principle called "Privacy by Design"

slowly and sporadically over the next century

The law of privacy grew

economic harm suffered when their name or picture is used for advertising or trade purposes, and they are not compensated for it

The right to publicity, on the other hand, is an attempt to remunerate individuals for the

Privacy of autonomy, Privacy of space (privat property) ,Privacy of information

There are at least three basic conceptions of privacy:

1. Consent given today may not be valid in the distant future, especially if it is gratuitous oral consent. 2. Some people cannot give consent (under age, mentally ill, incarcerated) 3. Consent to use a particular photograph may be lost if the photograph is substantially altered

There are times when even written consent might not work as a defense, and the media must be aware of such situations:

Constitutional law, statutory law, common law, administrative law 9FTC)

There four primary sources of privacy rights:

The court will ask in every case in which an intrusion is alleged whether the subject of the intrusion "enjoyed a reasonable expectation of privacy" when the information was collected

This issue is the key to determining whether an invasion of privacy took plac