Media Law 5 Privacy (Test 2)

Front 1

Privacy law can be traced back to an article written by__________ around a hundred years ago.

Back 1

Brandeis in the Harvard law review.

Front 2

Privacy laws cannot be found in the__________ and most cases are state related.

Back 2

Constitution

Front 3

4 legal approaches to privacy law.

Back 3

1. Intrusion upon seclusion or solitude,or into private affairs;
2. Public disclosure of embarrassing private facts;
3.Publicity which places a person in a false light in the public eye; and
4. Appropriation of name or likeness.

Front 4

Appropriation is defined as:

Back 4

1. someone takes your name, image, likeness
2. uses it for gain
3. you didnt give permission

Front 5

(APPROPRIATION)


Roberson vs Rochester Box company

Back 5

-Franklin Mills flour co takes a picture of a little girl and puts in on their label.
-Parents sue and lose. This is the landmark case. NY state makes the appropriation law.

Front 6

What is the Right of Publicity?

Back 6

One is incontrol of how their image is used.

Front 7

(APPROPRIATION)


Onassis vs Dior

Back 7

Dior used a Jackie O look a like in their ad and she sued and won.. Its her likeness that they were using.

Front 8

(APPROPRIATION)


Midler vs Ford

Back 8

Ford asked Midler to sing a song on their commercial, she says no, Ford asks her back up singer and she does it.
Midler sues and wins.

Front 9

(APPROPRIATION)


Schifano vs Greyhound Track

Back 9

Schifano is at the track, they come out and say "if you dont want to be in our ad, leave" Shifano stays. He sues when he sees that he is in the photo, He loses.

Front 10

(APPROPRIATION)


Sheilds vs Gross

Back 10

Gross takes photos of Shields when she is little and her mom consented to it. When she gets older she wants Gross to stop publishing them, she sues and loses. She couldnt revoke consent.

Front 11

(APPROPRIATION)


Russell vs Malboro Books

Back 11

Russel is a woman who models for them, she takes a photo in bed. Later they sell the bed photo to a bed company.
Russel sues and wins.

Front 12

(APPROPRIATION)


Moser vs Press Publication

Back 12

Moser gets in a crash and the news paper prints a pic of it. He sues and loses.
- Appropriation doesnt apply to the news

Front 13

What is the burden of proof for Intrusion into Solitude?

Back 13

Did the plaintiff have a reasonable expectation to have privacy at that place and time?

Front 14

(INTRUSION INTO SOLITUDE)


Pearson vs Dodd

Back 14

Pearson writes an article that will ruin Dodd with papers that he recieved from Dodds office.
-Dodd sues and looses.
-Pearson was given the material and not only that, it was copies.

Front 15

(INTRUSION INTO SOLITUDE)


Marks vs King TV

Back 15

Marks is a pharmacist accused of cheating people on their meds.
-He refuses an interview and the tv reporters shoot video from the parking lot into the window
-He sues and loses.

Front 16

(INTRUSION INTO SOLITUDE)


Bartiniki vs Vopper

Back 16

Bartiniki is a labor union rep who is recorded talking on the phone saying "maybe we have to blow up so and so's front porch"
- it gets played on the radio and he sues & loses because its newsworthy and public related.

Front 17

(INTRUSION INTO SOLITUDE)


What are the two hidden mic/cam cases and who wins?

Back 17

1.Dietaman vs Time- a plumber turned fake doctor wins because they went in his home.
2.Desnick vs ABC- eye doc robbing people blind loses becuase its news worthy and shouldnt expect privacy in a public clinic

Front 18

Burden of proof for Publicity about Private Facts (public disclosure):

Back 18

1. it must be indeed private
2. must be highly offensive to a resonable person
3. of no news worthiness

Front 19

(PUBLICITY ABOUT PRIVATE FACTS)


Cefalo vs Globe

Back 19

Boston Globe reporter takes a pic of an unemployment line and Cefalo's face is in the pic
-Cefalo sues and loses: unemployment is deemed newsworthy

Front 20

(PUBLICITY ABOUT PRIVATE FACTS)


Sipple vs Chronicle

Back 20

Sipple saves Pres Ford from getting shot in a crowd. The paper says that maybe the president didnt make a big deal of it because Sipple is gay.
-Sipple sues and loses becuase its deemed newsworthy

Front 21

(PUBLICITY ABOUT PRIVATE FACTS)


Diaz vs Oakland Tribune

Back 21

Diaz is said to be the first woman student body pres. A reporter notes that its not true becase Diaz had a sex change.
-Diaz sues and they settle out of court

Front 22

(PUBLICITY ABOUT PRIVATE FACTS)


Sidis vs FR publishing

Back 22

Sidis is a child prodigy and FR publishing runs a "where are they now" story.
- Sidis is found to be less than successfull and he sues and loses.

Front 23

(PUBLICITY ABOUT PRIVATE FACTS)


Virgil vs SI

Back 23

SI does a profile of surfer Mike Virgil and finds out he is a little strange. (eats bugs, jumps down a flight of stairs headfirst to liven up a party etc)
- He sues and loses.

Front 24

(PUBLICITY ABOUT PRIVATE FACTS)


Gilbert vs Medical Econ

Back 24

Gilbert is a doc that has some marriage issues and some mental.
- The mag suggests that she is unfit to be a doc.
- what happens? ( )

Front 25

(PUBLICITY ABOUT PRIVATE FACTS)


Cape Publication vs Bridges

Back 25

-Bridges is being held hostage, runs out the door half naked and the paper prints her picture.
-she sues and loses : newsworthy

Front 26

(PUBLICITY ABOUT PRIVATE FACTS)


Young vs Jackson

Back 26

Ms Jackson's employee news letter says she was out two get her tubes tied
-she sues and loses because they put it on there to sqash rumors of her being out for radiation at the plant.

Front 27

(PUBLICITY ABOUT PRIVATE FACTS)


Daily Times vs Graham

Back 27

At a carnival Graham is walking out of the fun house with her kids and the reporter takes a pic of her with her dress blowing over her head.
- she sues and wins.

Front 28

(PUBLICITY ABOUT PRIVATE FACTS)


Cox TV vs Cohn

Back 28

-Cohn was raped and killed and a Cox tv reported learned the name of the victim in court.
-Father of the victim sues and loses because they got the name from a court and there isnt a law saying that you cant publish the name of a victim.