Invasion of Right to Privacy Flashcards
What is Invasion of Privacy?
An umbrella term used for four separate privacy torts. Each one is a separate and distinct tort action.
What are the four separate privacy torts?
1) Appropriation of Plaintiff’s Name or Likeness 2) Intrusion into Plaintiff’s Seclusion 3) False Light 4) Public Disclosure of Private Facts
What is Appropriation of Plaintiff’s Name or Likeness?
Unauthorized use by defendant of plaintiff’s name or likeness for defendant’s commercial advantage.
Appropriation occurs when a defendant uses a plaintiff’s name, likeness, or image without his or her permission for commercial purposes. When a defendant uses a plaintiff’s name or likeness for a newsworthy purpose, however, this does not fall under the tort of appropriation and can be used as a defense by defendants.
Within Appropriation of Plaintiff’s Name or Likeness, what constitutes an Unauthorized use by Defendant?
No consent or contractual agreement with plaintiff
Within Appropriation of Plaintiff’s Name or Likeness, what constitutes Of Plaintiff’s Name or Likeness?
Name, picture, or voice
Within Appropriation of Plaintiff’s Name or Likeness, what two uses constitute For Defendant’s Commercial Advantage?
1) Used for advertising purpose 2) Endorsement is being used to sell a product or service
Within Appropriation of Plaintiff’s Name or Likeness - Commercial Advantage, is mere economic benefit (not in conjunction with promoting a product or service) to defendant alone sufficient?
No
Within Appropriation of Plaintiff’s Name or Likeness, what damages and remedies are available?
1) Actual damages 2) Nominal damages 3) Injunction
What is Intrusion into Plaintiff’s Seclusion?
An objectionable intrusion by defendant into plaintiff’s private life.
It applies when someone intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another.
Within Intrusion into Plaintiff’s Seclusion, by what standard is an “Objectionable” intrusion judged?
Must be objectionable to a reasonable person
Within Intrusion into Plaintiff’s Seclusion, what constitutes Intrusion?
Act of prying or intruding
Within Intrusion into Plaintiff’s Seclusion, what constitutes plaintiff’s private life?
Intrusion into plaintiff’s private place, conversation or matter.
Within Intrusion into Plaintiff’s Seclusion, need the plaintiff be aware of the intrusion at the time it is occurring?
No
Within Intrusion into Plaintiff’s Seclusion, are photos taken in a public place actionable?
No
What is False Light?
An objectionable publication by defendant that places plaintiff in a false light.
False light places the plaintiff in a “false light” that would be highly offensive to a reasonable person; and the defendant was at fault in publishing the information.
Within False Light, by what standard is an “Objectionable” publication judged?
Must be objectionable to a reasonable person
Within False Light, what constitutes Publication?
1) Must be to the public (more than one person) 2) Wide dissemination
Within False Light, what constitutes False Light?
1) Views the plaintiff does not hold 2) Actions the plaintiff did not take
Within False Light, with respect to the First Amendment, what mens rea must be proven if the matter is in public interest?
Malice on defendant’s part must be proved
What is Public Disclosure of Private Facts?
An objectionable public disclosure by defendant of private facts about plaintiff.
Occurs when a person gives publicity to a matter that concerns the private life of another, a matter that would be highly offensive to a reasonable person and that is not of legitimate public concern.
Within Public Disclosure of Private Facts, by what standard is an “Objectionable” disclosure judged?
Must be objectionable to a reasonable person
Within Public Disclosure of Private Facts, what constitutes Public Disclosure?
1) Must be to the public (more than one person) 2) Wide dissemination
Within Public Disclosure of Private Facts, what are the important elements concerning Private Facts?
1) Public record is not a private fact 2) Fact may be true and there still may be liability
Within Public Disclosure of Private Facts, First Amendment Limitations probably apply if matter is one of:
Public Interest
Within Invasion of Privacy, what constitutes a proper plaintiff?
The right of privacy is a personal right and does not extend to members of a family
Does the right of privacy survive the death of plaintiff or is it assignable?
No
Is the right of privacy applicable to corporations?
No
What are the damage requirements under Invasion of Privacy?
Emotional distress and mental anguish are sufficient damages (with no need to prove special damages).
What three defenses are available for Invasion of Privacy?
1) Consent (reasonable mistake as to consent is not a valid defense 2) Defamation defenses of Absolute and Qualified Privilege 3) Truth (only for False Light)
