JRN301-Exam 2 sg

JRN301-Exam 2 sg - JRN301 Exam 2 Study Guide Kimberly...

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Kimberly Glennon Invasion of Privacy: Not found in Constitution. 4 Elements/Types: 1. Appropriation -Definition: taking a person’s name, picture, or likeness and using it for commercial gain without permission. Typically for emotional damage -Consent: anyone can sue for appropriation if didn’t give consent (should be written), however the invasion must have an endorsement factor. Defendant will need to prove that they had consent to use material. Written consent is solid defense for defendant/uncontestable. Exceptions when is in distant future, someone who cannot give consent, or substantially altered photos (that were previously agreed to). -Commercial use: in order to sue for appropriation, the defendant must be using it for commercial gain. BUT: many exceptions to rule. “You do not own the rights to your own life story”. “News and Information” is a large exception—any kind of story being told, including a play, movie, book are all protected. Satire is an exception, too. -Right of Publicity and Descendibility: other legal cause of action (right to privacy is 1 st ). Typically for righting the economic damage done by appropriation. Only well known/famous people can sue for right of publicity. Also, what heir’s can sue for (don’t sue because of emotional stress, do it because of property rights)-- Descendability. 2. Intrusion: It is illegal to intrude, physically or otherwise, upon the seclusion or solitude of an individual. The act of gathering the material constitutes the intrusion— publishers not liable as long as did not participate in the illegal attainment. Most obvious form of invasion of privacy. Cases hinge on the reasonable expectation of privacy the person had in the situation (home is maximum). Anything that occurs in public cannot be considered intrusion (including courts). -Covert recording: No blanket rule, depends on if it is in a 1 or 2 party consent state. Should only be used at important times, not just to beat out competition. (See cases for examples). -Trespass: Intentional, unauthorized entry onto land that is occupied or possessed by another. The press cannot trespass or break laws to get a story. Can be guilty of intrusion even without entering onto property (pictures from planes, long lenses). 3. Publicity of Private Facts: in order to win, must prove 3 prongs. However, if there is any public record of the fact, cannot be considered private, and therefore claim is moot. Cannot stop before publishing (prior restraint), but can sue afterwards—everyone has some degree of a zone of privacy, decreases the more prominent a person is (family too). -Standards and Burden of Proof: burden of proof is on the plaintiff to prove the following: 1. There must be publicity of the private fact about the individual. 2. Its publication would be considered offensive to a reasonable person.
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  • Fall '11
  • HowardKleiman
  • National security, Privacy law, Expectation of privacy, Privacy/Hidden Recording Devices, Recording Devices Case

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JRN301-Exam 2 sg - JRN301 Exam 2 Study Guide Kimberly...

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