Law and Media

  1. what are the four areas of privacy law
    • approriation for a trade purpose
    • instusion upon solitude
    • publication of private information
    • publishing material that puts person in false light
  2. What is appropriation?
    taking a person's name, picture, photograph, or likenss and using it for commerical gain without permission
  3. two right of appropriation
    right of publicity: protect indviduals from economic harm from when their name or image is used for advertising or trade puspoes and not compensated

    right of privacy: protect individual from emotional damage
  4. Details , rulings, and outcome of Comedy III v, saderup
    artists created charcoal drawling of three stooges (as a single work of art it is ok), then printed them on t shirts for sale

    • R: creative apropriation of celebritys can be protected as an individual expression
    • O: Transformative elements test: Saderup guilty bc depiction of stooges didn't have significant exrpession
  5. Transformative elements test
    Not Protected: reproduction is a literal transation of celebrity's image

    Protected : user added other elemtnes to image (transformed it into a paraody, used name in song, used celebrity's likeness as a vechile for expression of opinon)
  6. details and outcome of Doe v. McFarlane
    Used hocke players name and likeness for a cartoon/ comic

    Predominate use test:
  7. Predominate Use test
    Speech with a predominate artistic purpose is protected

    speech with a predominate commerical purpose (ad, ad displays, false endorsement, commerical entertainment) is not
  8. What is the News and information exception to appropriation? What four cases exemplify this?
    Fact that Broadcasts, newspaper, books that are sold for profit does not deny them libery of expression

    • 1. Time Inc v. Hill
    • Ingerson v. Fox
    • 3. Hoffman v. Captial cities/Abc
    • 4. downing v. Abercrombie
  9. Time Inc v. Hill
    Family taken hostage in home. Best selling novel published about ordeal and exagerated details, made into broadway play, life magazine has article about play and links it to Hill family

    SC: sides with Time ince

    R: fact that newspapers, books, and magazines are sold for profit does not deny them the protection of liberty of expression
  10. Ingerson v. Fox
    Exempts news broadcasts and other public affaris programing from appropriation claims
  11. Hoffman v. Captial Cities/ABC
    • D: hoffmans photo used in a fahsion feature (put celebrity heads on modles wearing contemporary clothes)
    • Photo was not an ad but an editorial copy. Picture taken from photo used in publicity of a former movie he acted in.

    R: viewed in context of article as a whole, combo of fahsion , humor, and editiorial content; any commerical aspects are inextricably interwined with expressive elements, so they cannot be separated
  12. Downing v. Abercrombie
    D: plaintiffs photo, sufer in 1960s, used in page adjacent to ad offering similar t-shirt. Publication was not a feature article (like in Hoffman) but a catalogue to sell Aber products

    • R: Publisher hadn't connected the photo with the information in the article, thus was improper appropriation
    • "Window dressing"
  13. Doctrine of Incidental use (appropriation)
    • Permits fleeting or brief use of individuals name or likeness in some commerical creations
    • ex. models on cover of book for
  14. Booth rule (appropriation)
    Use of a person's name or likeness in an ad for a magazine, newspaper, or tv program is not an appropriation if photograph or name has benn or will be part of news or information content
  15. Three types of consent that void appropriation
    • 1. written (uncontestable)
    • 2. orgal
    • 3. implied: told that that image would be used for commerical purpose
  16. Who cannot give consent to void appropriation
    • 1. under age 18
    • 2. mentally ill
    • 3. people in prison
  17. Instrusion
    Cannot intrude upon the solitude and private life of a person
  18. What does Intrusion focus on
    The actual act of gathering the information, not the publication
  19. What must a plaintiff in a intrusion case have?
    Reasonable expectation of privacy
  20. What areas are not considered private
    • 1. in plain sight
    • 2. online (char rooms, emails stored at any time on computer of an internet service provider)
    • 3. work place to what general public has access to
  21. Sanders v. ABC
    • D: ABC sent reporter to work as telephone psychic, reporter secretly photographed conversation with co-workers
    • R: in workplace which genral public does not have unfettered access, employes enjoy limited expectation of privacy n ther conversation and other interactions
  22. Two predominate rulings on hidden recording devices
    Dietman v. Time Ince

    Cassidy v. ABC
  23. Dietman v. Time
    • D: two reporters posed as husband and wife to investigate fake doctor
    • R: homeowners should not be required to take the risk that what is heard or seen in their homes will be transmittedby photography or recording to the public at large
  24. Cassidy v. ABC
    D: Polic undercover in massage parlor, parlor asks media to secretly film polic abuses

    • R: Plaintiffs (the cops) were public officers acting in the line of duty
    • Filming crew was in a public business not a private home
    • Fliming crew was there at invatation of operator of premis
  25. Bartnicki v. Vopper
    D: Conversation illegally intercepted and taped by two offical of a school union and given to media

    R: Broadcaster of tape were not liable bc they played not part in the illegal interception or obtainng of tape conversation
  26. Two elements of publicity about private facts
    • Illegal to publish
    • 1. what would be highly offensive to a reasonable person
    • 2. is not of legitimate concern or interest
  27. What must a plaintiff prove in a publicity of private facts case?
    • 1. Publicity of private facts
    • 2. revealation must be offesnive to a reasoanble person
    • 3. material not of legitimate public concern
  28. What is publicity? What case defined int?
    Lowe v. Heart: material that is communicated to the public at large or to a great number of people
  29. Two important private fact cases
    • 1. cox v. cohn
    • 2. Florida star v. BJF
  30. Cox v. Cohn
    d: broadcast name of rape victim against a GA shield law

    R: Victims name already included in public court documents, thus is not a private fact and can be published
  31. Florida Star v. BJF?
    • D: Poice officer mistakenly gave reporter documernt of sexual assualt victims names that was not a public record
    • info was published

    R:Fact that state officals are not requried to disclose such reports does not make in unlawful for a newspaper to receive them when funished by government

    Newspaper may publish truthful information it obatins lawfully
  32. What did Sidis v. FB Publishing determine?
    Legitimate public concern or interest extends to what readers and listernes actually find interesting

    d: article about deadbeat child prodigiy
  33. Kelly v. Post publishing
    • D: newspaper published horrific phto of auto accident
    • R: ammenr in which story is presented doesn't have an impact on whether it is a legit public interest
  34. Jones v. Herald Post
    D: man wrongly identified as criminal sues for publication of private info about him

    R: Involuntary public people do not receive enhanced protection in privacy actions as they do in libel
  35. People whose lives interest with famous or newsworthy people...?
    lose some privacy
  36. Virgil v. Time INce
    Deal with private lives of newsworthy people

    R: Line between public and private info is to be drawn when publicity ceases to be giving info which public is entitled and becomes morbid and seastional prying into private life for its own sake
  37. Invasion of privacy with storeis of the past. When are individuals never successful.... in these types of suits?
    1. by individuals once in public spotlight
  38. Romain v. Kallinger
    D: Professor of criminal justice writes book on mass murder and rapists. Victim sues that material was private

    R: facts revealed wer not private but public and that even if private they are of legitimate concer to the public

    "Cox v. Cohen not limited to contemporaneous events."
  39. Three tenants of a publication that is of legitimate concern?
    • 1. not a story about a full or limited purpose public figure
    • 2.Not a story of great interest
    • 3. cannot be publicized simply to amuse or titlate audiences
  40. Two elements of a false-light invasion of privacy?
    • 1. the false light the person was placed in is offensive to a reasonable person
    • 2. publisher of material was at fault when publication was made
  41. HOw does false light claim differ from libel?
    Plaintiff does not have to show court that their reputation was harmed, only that falsity caused them embarrassment
  42. Three logics of the newsworhty test
    • 1. Leave it to the press to see if it is newworthy
    • 2. focus on social norms
    • 3. Require logical nexus between person whose privacy was invaded and matter of legitimate public interest
  43. What is the intrusion upon seclusion tort?
    Instusion upon a person's private affair that is highly offensvie to the reasonable person
  44. Two examples of intrusion that is highly offensive
    1. nader v. general motors: overzealous survelliance in public when info sought is of confidential nature

    2. Dietman v. Time inc: entering someone's home on fasle pretenses
  45. What must a plaintiff prove in a false light claim?
    defendant publically disclosed matter with reckless disregard for truth or knowledge of falsity
  46. Two important appropriation of name or likeness cases
    1. Carson v. jonny portable toliets: protects against unauthorized commerical exploitation of celebrity identity

    2. Finger v. Omini publication : Photograph of plantiff used in magazine artilce without their permission, does not violate privacy interest so long as there is a "real relationship ' between photo and article topic
  47. What are intentional infliction of emotional distress and breach of confidentially torts
    1. when by extreme and outrageous conduct, intentionally or recklessly cause severe emotional distress

    2. when professionals divulge patient or clinets cofidential info (no highly offensive test needed)
  48. Spilfogel v. Fox
    D: show cops didn't violate privacy for recording traffic stop without person's knowledge

    R: eccentric reations and behavior is not a private fact that is offensive or not of public concern
  49. Gates v. Discovery Communications
    D: tv show depicting person involved with murder

    • R: Gates was limited purpose public figure in case, no defmation bc comments were right
    • Yet Discovery liable for invasion of privacy, bc failed to prove Gate's tory was newsworthy
  50. Smith v. Daily Mail
    R: statue protecting publication of juvinellies in court is unconstitutinal prior restraitn
Card Set
Law and Media
textbook info on privacy