Intrusion Private Facts False Light Appropriation

Privacy

Intrusion: Public Places

Private Places◦ Consent: explicit or implied

Dietemann v. Time (1971) But other cases since have offered protection

◦ Police Ride-Alongs Wilson v. Layne (1999)

◦ Recording Phone Conversations

Intrusion: Private Places

Private Facts

It is illegal to publicize private information about a person if the matter that is publicized:a) would be highly offensive to a

reasonable person, and b) is not of legitimate public concern or

interest.

Public Interest Trumps All

Cape v. Bridges, 1982

Naming Rape Victims◦ Cox v. Cohn (1975)◦ Florida Star v. BJF (1989)

Naming Rape Victims

◦ You post it—it’s out there◦ What about if others post it?

Social Media and Online Sites

False Light

It is illegal to publicize material that places an individual in a false light if:a) the false light in which the individual was placed

would be offensive to a reasonable person, andb) the publisher of the material was at fault when

the publication was made.

Similar to Libel

Photo selection

False Light Examples

Appropriation

It is illegal to appropriate an individual’s name or likeness for commercial or trade purposes without consent.

Right of Privacy◦ “Shame and humiliation”

Right of Publicity (famous people)◦ You have right to control your

image/name/likeness Extends to characters you have played Can be passed on to heirs after you die

◦ Look-alikes and sound-alikes Bette Midler/Ford Vanna White/Samsung

Appropriation: Rights

Exceptions◦ Consent◦ News◦ “The Booth Rule”◦ Political Ads◦ Transformative Value

Artistic statement/parody

Appropriation: Exceptions

Exceptions◦ Consent◦ News◦ “The Booth Rule”◦ Political Ads◦ Transformative Value

Artistic statement/parody◦ Person not identifiable

Appropriation: Exceptions