Invasion of Right to Privacy

Question 1

Appropriation of Plaintiff’s Picture or Name

Answer 1

D used P’s picture or name without authorization for commercial gain.

Liability is generally limited to Ads or promotions of products/services.

Question 2

Intrusion

on Plaintiff’s Affairs or Seclusion

Answer 2

D pries or intrudes into P’s private affairs such that it would be highly offensive to a reasonable person.

Note: photographs taken in public places are not actionable becuase the intrusion must be into privacy.

Question 3

False Light

Answer 3

D attributes to the P view that the P does not hold or actions P did not take

Attributable view/actions must be highly offensive to a reasonable person under the circumstances

Publicity Requirement

Question 4

False Light – First Amendment Limitation

Answer 4

If the matter is of public interest, ACTUAL MALICE on the D’s part must be proved

Question 5

Public Disclosure of Private Facts

Answer 5

D makes public disclosure of private information about P.

The public disclosure must be hihgly offensive to a reasonable person of ordinary sensibilities

Liability may attach even though the actual statement is true

Question 6

Right of Privacy

Answer 6

The Right of Privacy is a personal right

i.e., it does not extend to members of a family, does not survive the P’s death, and is not assignable

Alos, the Right of Privacy is not applicable to corporations