Mmc 4200 Exam 2 Essay

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MMC 4200-Spring 2012 Review Sheet for Second Exam Copyright©2012 Prof. Sandra Chance Chapter 5- Privacy 1. Where did the right to privacy come from? • Development of the 20th century and often traced back to an 1890 article in the Harvard Law Review written by Samuel Warren and Louis Brandeis who argued that advances in technology and the voyeurism of urban newspapers necessitated new legal protections for privacy. • The right to privacy is protected by the U.S. Constitution.

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When must a plaintiff prove “actual malice” in a false light case? See Time, Inc. v. Hill.

- Involved in a newsworthy





13. What are the defenses for a false light case? What’s happening in Florida? Remember the Anderson case from our class discussion.

- Truth, individual was not identified, privileged source, actual malice proof required by plaintiff, consent, not offensive to a reasonable person

- Florida does not recognize false light only defamation





14. What are the elements of appropriation? What’s happening in Florida?

One who appropriates to his/her own use or benefit the name or likeness of another is subject to liability to the other for invasion of privacy.

• Unauthorized commercial use of another's name or likeness.

Protects a person’s property right

• Right of publicity

– Advertisements

– Look Alikes and Sound Alikes

• Defenses

– Newsworthiness‐ Zacchini v. Scripps‐

Howard Broadcasting Co.

– Consent

In Florida:

• Lawsuit over “Perfect Storm” filed by family members of William Tyne, captain of the Andrea Gail.

• Florida Supreme Court rules in favor of Warner Brothers.

• Florida Statute 540.08 prevents the use of a person’s name or likeness to directly promote a product or service. Does not apply to publications, including
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