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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 person’s name, picture, etc. is in an ad that advertises a mass medium, only if the mass medium originally used the person’s name, picture, etc. in a newsworthy way and if the ad doesn’t make it seem the person is endorsing the mass medium. This will not be an effective defense for Sleazy because he never used Jones’s name in a newsworthy way and also because they wrote “if I won I’d 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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