Invasion of Privacy:
Not found in Constitution. 4 Elements/Types:
taking a person’s name, picture, or likeness and using it for
commercial gain without permission. Typically for emotional damage
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.
when is in distant future, someone who cannot give
substantially altered photos (that were
previously agreed to).
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
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
). 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
stress, do it because of property rights)--
It is illegal to intrude, physically or otherwise, upon the seclusion or
solitude of an individual. The act of gathering the material constitutes the
publishers not liable as long as did not participate in the illegal attainment.
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).
No blanket rule, depends on if it is in a 1 or 2 party consent
Should only be used at important times, not just to beat out
(See cases for examples).
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
1. There must be publicity
of the private
fact about the individual.
2. Its publication would be considered offensive to a reasonable person.