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Definition
the commercial use of a person's name or likeness without consent
a.k.a. misappropriation |
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| the use of one's identity for trade or self-enrichment purposes |
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| Electronic Communications Privacy Act |
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| Federal legislation passed in 1986 that makes it a crime to use devices to intercept or record others' communication |
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| a tortious representation of an individual in a false and highly offensive manner before the public (more than 1 person) |
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| a misrepresentation intended to deceive another person and thereby gain an advantage, often in the process of forming a contract |
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| a crime or tort committed when a person follows, stalks, or interrupts another in a highly annoying or threatening manner |
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| Intentional Infliction of Emotional Distress |
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Definition
a tort committed by outrageous conduct intended to cause severe emotional injury to another
a.k.a. Outrage |
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| a tort consisting of a highly offensive invasion of a person's physical seclusion or private affairs |
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| in the tort of appropriation, any mark or symbol of personal identity; photo, voice or popular nickname |
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| a defense for the publication of private facts |
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| Freelance photographers who make their living by aggressively pursuing celebrities to obtain candid pictures |
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| Information about an individual that is not available to the public and is of a nature that people generally keep confidential |
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| The right to accurately disseminate information that appeared in an open governmental proceeding or in public documents, without incurring liability for defamation or for publication of private facts |
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| The legal right of individuals to control and profit from the commercial use of their own identities |
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| Software that tracks a computer user's website visits without the user's knowledge |
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| law partners who proposed the law recognize a right of privacy |
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Term
| Defenses for Privacy Torts |
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Definition
Misappropriation; consent, contracts
Private Facts; newsworthiness, not truth
False Light; privacy expectation unreasonable, truth
Intrusion; privacy expectation, public place |
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Term
Privacy Tort #1 Test:
Misappropriation of personality or likeness for a commercial purpose |
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Definition
1. Is the context commercial, such as an advertisement or promotion?
2. Is someone identified by name, photo, voice or otherwise?
3. Is the person being exploited for commercial gain rather than appearing incidentally?
4. Was proper consent obtained? |
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Term
Privacy Tort #2 Test:
Disclosure of Private Facts |
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Definition
1. Has publicity been given to heretofore private facts of another's life?
2. Would the publicity be highly offensive or embarrassing to a reasonable person?
3. Is the disclosed information of no legitimate public interest? |
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Term
Privacy Tort #3 Test:
False Light |
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Definition
1. Has a person been placed before the public in false light?
2. Would the false portrayal be highly offensive to a reasonable person?
3. Did the communicator act with negligence, or, if the subject is a public person, with reckless disregard for the truth? |
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Term
Privacy Fact #3 Test:
Intrusion |
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Definition
1. Does this person have a reasonable expectation of solitude or seclusion, such as would be found in a private residence?
2. Is the seclusion intentionally intruded upon, either physically or otherwise?
3. Would the intrusive conduct be highly offensive to a reasonable person? ( e.g. by subterfuge (white lies) or deception) |
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Term
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Definition
- protects the right to be left alone
- protects personal space; physical, mental or informational
- TORT/CIVIL WRONG
- late 1800s- proposed by Brandeis & Warren
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| Privacy in the U.S. Constitution |
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Definition
- not directly
- the government cannot invade your privacy
- "stare decisis" - standing by precedent
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- claims of outrage/intentional infliction of emotional distress
- usually for public figures
- the courts will sacrifice one's emotional well-being for the flow of information to the public
- ex: Jerry Falwell- parody, too absurd to be considered true by a reasonable person, lost his case because he couldn't prove ACTUAL MALICE
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Definition
- gives people other than the copyright owner a limited privilege to use the copyrighted work without the owners consent and without paying a royalty
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Fair Use Doctrine
To be considered: |
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Definition
- the purpose and character cannot be for commercial use
- must be published
- limited amount of the work can be used
- cannot influence the potential market
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Term
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Definition
- need in order to distinguish a product from similar products
- Congress has interstate power over trademarks; must be used in commerce, must be registered and must be distinct
- States have regulation power of trademarks within intrastate commerce
- state & federal law
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| says that the govt. cannot go into your room/house and tell you you cannot have birth control information |
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- producers at ABC got jobs at Food Lion to do a story on the unhealthy products and procedures that were taking place
- Fraud case, should have been Trespass
- In order for Food Lion to have a case they had to sue for defamation and prove actual malice
- Food Lion lost eventually
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