hypo 5 - advertisements. Courts use the Booth rule, which...

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Jones must prove that her picture was used for trade purposes without her permission. She must also prove publication and identification. She can prove this because Sleazy Lottery Co. has used her picture on a billboard advertisement for the lottery and she never gave them permission to do this. She must prove publication, which means widespread distribution, because it’s a billboard ad. She must also prove identification, which is of and concerning the plaintiff, since people will recognize her on the ad. Therefore, Jones can win her appropriation suit. Newsworthiness is a “bright line division” between “newsworthy” material and
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Unformatted text preview: advertisements. Courts use the Booth rule, which means there is no appropriation if a persons name, picture, etc. is in an ad that advertises a mass medium, only if the mass medium originally used the persons name, picture, etc. in a newsworthy way and if the ad doesnt make it seem the person is endorsing the mass medium. This will not be an effective defense for Sleazy because he never used Joness name in a newsworthy way and also because they wrote if I won Id buy a car and find a cute guy next to her picture, making it seem that she is endorsing the lottery....
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This test prep was uploaded on 03/18/2009 for the course JOUR 4651 taught by Professor Trager,rob during the Summer '08 term at Colorado.

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