Law of Privacy

Question 1

What are causes of action here?

Answer 1

1) appropriation (in NY): D uses P’s name or image for a commercial advantage without authorization (newsworthiness exception though)
2) intrusion on P’s affairs or seclusion (MBE only): invasion of P’s seclusion in a way that would be highly offensive to an average person (must be in location where you have a reasonable expectation of privacy)
3) publication of facts placing P in false light (MBE only): widespread dissemination of a major falsehood about P that would be highly offensive to the average person (can include defamatory statements but also nondefamatory falsehood; in defamation you get economic damages, whereas in false light you get dignitary damages)
4) public disclosure of private facts about P (MBE only): widespread dissemination of confidential information about P that would be offensive to an average person (accurate but intimate information) (newsworthiness exception) (dual spheres of life: if someone carries info from one sphere to another, no liability because wasn’t confidential)

Question 2

What are affirmative defenses to invasion of privacy?

Answer 2

1) consent (all 4 causes of action)

2) defamation privileges (absolute, qualified): applies as a defense wrt false light and disclosure only

Question 3

Is there a common law right of privacy in NY?

Answer 3

No-only have appropriation (by statute) in NY

As for defenses, approp. statute makes exceptions for:
Prior written consent
Photog exhibiting work
Goods or artistic production that person has sold with his name, pic, etc