- 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
– Look Alikes and Sound Alikes
– Newsworthiness‐ Zacchini v. Scripps‐
Howard Broadcasting Co.
• 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