Term
| Roberson v Rochester Folding Box |
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Definition
| saw about 25,000 posters of her face advertising mills flour, Roberson sued, and lost because in that day there wasn’t a law for privacy. |
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| Pasevich v New England Life |
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| first won case of the privacy law, New life England magazine in Georgia Atlanta posted an interview with soccer player, also posted a fake quote and picture, Paola sued and won 25,000 |
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| the exploitation of your name or likeness without your permission (name, voice, signature, memories) |
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| Disclosure of Private Facts |
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| Truly private facts about a public figure that is not newsworthy and embarrassing and offensive, usually in the public |
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| Invasion of your physical seclusion that is offensive, ex: peeping toms, secret cameras, somewhere that is not public or open for all to see |
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| Similar to defamation, but the intent is to embarrass not damage their reputation |
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| that allow the photographer all power to do whatever he/she wants to do with it |
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| had a naked picture of what seemed to be a public figure in the corner of a boxing ring without is permission, sued and won because used his likeness without his permission |
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| Johnny Carson vs. Here’s Johnny Portable Toilets |
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Definition
| Johnny Carson from the Tonight Show sued Here’s Johnny Toilet Company for Commercial Appropriation, because on the segment of the tonight show Johnny Carson’s line is “Here’s Johnny” and by putting Here’s Johnny in association with a toilet company, it was being capitalized the wrong way, courts agreed |
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| company asked a public figurev(artist) to perform a song promoting motors, said no, so company used a look-a-like who was a backup singer for singer and sounded almost identical tosing, singer sued, she won 400,000. |
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| White v Samsung Electronics |
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Definition
| company was doing a commercial about how their product will never get old and in the commercial there was a wheel of fortune and the company computerized (the sexy wheel of fortune girl), she sued, courts ruled technically her likeness wasn’t really used, but eventually courts ruled her rights had been invaded |
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| Psenicska v Twentieth Century Fox |
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Definition
| the movie Borat was a “documentary” about a “foreigner” who didn’t know anything about America and Borat was placed in an American home that had no idea that it was all a joke and just a big hoax, they sued, lost because they signed a waiver saying they agreed to the show and were willing to be participants in this “experiment” |
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| drunk fan who was out in the open with his fly down and a magazines photographer took a picture and ran an article about it with the title “caption "A Strange Kind of Love" & the word "sexual deviate" near the picture, he sued for disclosure of private facts, but lost because courts ruled he was out in the open for everyone to see |
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| Daily Times Democrat v Graham |
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Definition
| a mother of two took her kids to a carnival, photographer from daily times took an inappropriate picture of her without her knowing and then published the picture without her consent, she sued, and won on many occasions |
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| Sipple v Chronicle Publishing |
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Definition
| stopped the assassination of President Kennedy and Chronicle Publishing did an article on the hero, but in the article mentioned that he was gay, he sued for disclosure of Private Facts, courts ruled his sexuality is not private, he lost |
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| Leverton v Curtis Publications |
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Definition
| used a picture of .. getting ran over at 10 yrs old, title being “They ask to be killed”, she sued, she won |
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| Cantrell v Forest City Publishing |
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Definition
| publishing company did a story on the collapsal of a bridge plenty of families died, company interviewed many families one family when company came to interview the parents were not present, but in the article company stated that the parents were present and even got false quotes from the wife, mom sued for false light and won |
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| was illegally selling drug prescriptions, king had an undercover flour company worker pose as a costumer, company then used this video to introduce the case on tv, he sued and lost, courts ruled it was not intrusion |
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| an eye-doctor allowed company to record him for an up and coming program but company brought in people to pose as patients and request eye exams, doctor sued claiming it was illegal as soon as the posers stepped on the property, courts ruled that no personals about anyone acquired, and it was a public waiting room and ABC was simply recording interactions. |
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| ABC went undercover at a hospital, and did a story on primetime live about the misusage of women and pap cancer in medical labs, medical lab sued for Intrusion, courts rule ABC because of the importance of the story |
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| company had a reporter go undercover to work as a telepsychic with the Psychic Marketing Group (PMG). While working there he videotaped other PMGs, asking them various questions about the company, , a PMG at the company sued for Intrusion, courts ruled worker, but then turned over for ABC side, ruling that worker was in a public place for anyone to here. |
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| was selling meat packages and other goods after there exporation date, and sneaking the old meat with the new meat also doing other gross things, ABC sent an undercover “worker” to because got a tap that they were profiting faulty food, they sued for Intrusion, and won 5.5 million. |
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| did a crude “funny” article about preacher having sexual affairs with his mother, preacher sued and won |
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Report on Arthur Ashe and HIV- Disclosure of Private Facts
Singer falls on ice during National Anthem- False Light
Tiger Woods and use of his likeness- Commercial Appropriation
Borat- Intrusion
LA Law -- gay cop- Disclosure of Private Facts
Dead Celebs on 60 Minutes- Commercial Appropriation ex: Elvis sister selling his likeness for millions of dollars.
Food Lion & investigative reporting- Intrusion |
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