Invasion of Privacy

Question 1

Invasion of Privacy: General Rule

Answer 1

a. General rule: Invasion of privacy is the invasion of the right to keep one’s private life and facts private.
i. Note: When someone dies, right to privacy ends except for appropriation.
ii. Can be intentional, negligence, or strict liability
iii. Publication v. publicizing
1. Publicizing – communicating to a large group of people
2. Publication – journalism, television, internet

Question 2

Appropriation

Answer 2

Unauthorized use of another’s name or likeness for one’s own benefit, without permission.
i. Elements
1. Use of another’s name/likeness
2. For own benefit (usually commercial)
3. No permission
ii. Most common form is when a business would use someone’s image to sell products.
iii. A newsworthy article that features a consensual photograph is not appropriation. Neff (Steelers case)
1. Keyword: newsworthy
iv. Incidental self-publication of what’s in the magazine as its cover is not appropriation. Stanley (condom fitting contest)
v. Using someone’s name or likeness to endorse a product without that person’s consent is appropriation. Grant (Cary Grant esquire case)

Question 3

Intrusion Upon Seclusion

Answer 3

When one intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, and intrusion must be highly offensive to a reasonable person.
i. Elements
1. Intentional intrusion
a. Invasion may be a physical intrusion upon a place where P secluded himself (ex: camera, wiretapping, hacking, breaking and entering to steal any info)
2. Offensive to a reasonable person
3. Matter of intrusion must involve a private matter
ii. No requirement of publication compared to other types of IOP
iii. Note: Intrusion requires the person’s presence. Trespass doesn’t.
iv. Examples
1. Taking a picture of a dead kid Bremmer
a. Note: parents sued because can’t invade dead’s privacy

Question 4

Public Disclosure of Private Fact

Answer 4

Publication of private facts to the public that are found highly offensive by a reasonable person.
i. Elements
1. Private fact
2. Highly offensive to a reasonable person
3. Made public
a. Must be more than 1
b. Disclosing to a few people is not publicizing nor publication. Vogel
4. Not a legitimate concern to public
ii. Once a fact is public, it remains public. Passage of time does not end that. Rawlins (Looking back piece on newspaper about cop)
iii. Public figures cannot drop their status even if they do not want to be public figures anymore.
1. Celebrities, public officials, police officers, etc

Question 5

False Light

Answer 5

Publication of the plaintiff in a false light that is highly offensive to a reasonable person.
i. Elements
1. Publication
2. False light
a. Facts that are not true
3. Highly offensive to a reasonable person