Torts-Privacy

D uses P’s name or image for a commercial purpose.

Newsworthiness exception (athlete’s picture on cereal box vs. on sports magazine cover or book about sports).

P need not be a celebrity for the Appropriation tort to apply.

• Additional exceptions:
• (1) prior written consent;
• (2) photographer exhibiting work with no written notice of objection; and
• (3) Goods or works sold by P containing his name picture, or portrait used in connection thereof.

Not recognized in NY.

• 1. The invasion of the P’s seclusion in a way objectionable to an average person.
• (electronic surveillance, peeping toms)

• 2. P is in location where there is reasonable expectation of privacy.
• Does not require a trespass.

Not recognized in NY.

• Widespread dissemination of a major falsehood about P that would be objectionable to an average person.
• “Widespread dissemination” distinguishes this tort from defamation.

Significant overlap with defamation.

Compare D tells everyone P is embezzling from company. This is false light invasion of privacy and defamation. (Economic damages under defamation and emotional damages under false light).

with D significantly misrepresents political/religious beliefs to everyone. This is not defamatory (does not adversely affect reputation), but it is false light.

Not recognized in NY.

Widespread dissemination of confidential information about P that would be objectionable to the average person.

No intent requirement. Even good faith errors lead to liability; nearly SL.

Underlying disclosure must be confidential (coming out at public rally; not private at work).

• Consent
• Absolute and Qualified Privileges

See Consent under affirmative defenses to intentional torts.

Defense to all four privacy torts.

See Privilege under affirmative defenses to defamation.

Defense to false light and disclosure.