Question 1

The intrusion tort differs from other right to privacy torts (appropriation,private facts,and false light)because

Accepted Answer

The intrusion tort does not require publication of private information and only requires an intentional intrusion on the plaintiff's solitude or private affairs. The other privacy torts require publication, disclosure, or dissemination of private information.

Question 2

The Booth rule is applicable in which of the four varieties of invasion of privacy?

Accepted Answer

The Booth rule applies to the variety of invasion of privacy known as appropriation, which involves the unauthorized use of a person's name or likeness for commercial purposes.

Question 3

Persons who send e-mail messages and participate in chat rooms on the Internet do not have a reasonable expectation of privacy under the law.

Accepted Answer

Courts have generally found that electronic communication, such as email and chat room messages, are not protected by the same level of privacy as traditional forms of communication like phone calls or letters. This is because electronic communication often involves a third-party service provider, and users usually agree to terms of service that explicitly state that their messages may be monitored or accessed by the provider. However, there are some exceptions to this general rule, such as when users have a reasonable expectation of privacy in the specific circumstances or when law enforcement officials obtain a warrant to access the communication.

Question 4

When a judge talks about a transformative use in a right to publicity case,he or she is referring to

Accepted Answer

A transformative use in a right to publicity case refers to a use which is not a literal reproduction of the plaintiff's likeness, but a use in which the defendant has added a creative element to the likeness, like making it a parody of the likeness. This can be argued as a fair use defense in the case of a right to publicity claim.

Question 5

Courts are in agreement that a person using wi-fi to send or receive material via the Internet enjoys a reasonable expectation of privacy.

Accepted Answer

Courts have varied in their decisions regarding the expectation of privacy in using Wi-Fi to send or receive material over the Internet, with some rulings suggesting that users should not expect complete privacy due to the nature of digital communications and the potential for interception.

Question 6

The publication of information that has been obtained through an illegal intrusion is not considered an invasion of privacy if the reporter or editor had nothing to do with the intrusion.

Accepted Answer

This is because the reporter or editor did not engage in the intrusion themselves, and thus bear no responsibility for it. However, the source who provided the illegally obtained information may be subject to legal consequences.

Question 7

One reason for the growth in right to publicity lawsuits is

Accepted Answer

The growth in right to publicity lawsuits is primarily attributed to the tremendous growth of the cult of celebrity in the United States. This has led to increased commercial value in using celebrities' names, images, and likenesses, thereby increasing the instances of unauthorized use and subsequent lawsuits.

Question 8

The defense of newsworthiness in a privacy lawsuit extends to stories about important governmental,economic,foreign policy or political issues,but it does not extend to stories about social or cultural issues.

Accepted Answer

The defense of newsworthiness can extend to stories about social or cultural issues if they are considered to be of public interest or importance. It is not limited to government, economic, foreign policy, or political issues.

Question 9

The use of a name or likeness in any publication sold to a reader for a profit is considered an appropriation.

Accepted Answer

Appropriation involves using someone's name or likeness for commercial gain without consent, but not all publications sold for profit constitute appropriation. Context and intent matter.

Question 10

The use of an individual's photo without consent on the cover of a novel would be considered

Accepted Answer

The use of an individual's photo without their consent is a violation of their right to privacy, and specifically, an appropriation of their likeness for commercial gain. This would likely be considered a violation of the person's right of publicity, and could result in legal action against the publisher.

Question 11

The right to privacy seems to be withering away,in part because of

Accepted Answer

All of the above reasons contribute to the withering away of the right to privacy. Increased government intrusion into private lives, numerous technological innovations like the Internet, and the willingness of individuals to trade some of their right to privacy to get other things all play a role in the erosion of privacy rights.

Question 12

Discuss briefly whether American courts consider it possible for a well-known person to pass his or her right of publicity on to an heir.

Accepted Answer

The answer of Discuss briefly whether American courts consider it...

Question 13

A corporation enjoys the same personal right of privacy as a living person.

Accepted Answer

While corporations have certain legal protections, including limited liability and the ability to enter into contracts and own property, they do not have the same personal rights as an individual person, including the right to privacy.

Question 14

Legislation adopted by states and the federal government since the terrorist attacks of 9/11 has

Accepted Answer

Since the 9/11 attacks, legislation has focused heavily on increasing national security measures, often at the expense of individual privacy rights. For example, the USA PATRIOT Act expanded government surveillance powers and lowered the standard for obtaining warrants, and the Foreign Intelligence Surveillance Act (FISA) has been interpreted to allow the government to collect and monitor large amounts of communication data without individualized suspicion. These measures prioritize national security interests over individual privacy rights.

Question 15

While celebrities or actress can protect the right to their own name or likeness,they have no legal right to protect their interest in a fictional character with which they have become closely identified through a film or television series.

Accepted Answer

Celebrities can have some legal rights to protect their interest in a fictional character through trademark or publicity rights, especially if the character is closely associated with their identity and has commercial value.

Question 16

While celebrities can stop the use of their names or likenesses in commercial vehicles like ads or films,they can't protect the use of their voice in such vehicles.

Accepted Answer

Celebrities can protect the use of their voice in commercial vehicles through rights of publicity, which include the use of one's voice, name, or likeness in commercial endeavors.

Question 17

Someone whose photo is taken without their permission while they are walking down a public street cannot sue for publicity of private facts,but could sue

Accepted Answer

In public spaces, individuals generally do not have a reasonable expectation of privacy, making it difficult to sue for privacy-related torts like intrusion upon seclusion or publicity of private facts. Trespass does not apply as the individual is in a public space, and there is no established tort called virtual right of privacy.

Question 18

In privacy law,the doctrine of incidental use means

Accepted Answer

The doctrine of incidental use allows for a brief or fleeting use of a person's name or likeness in a commercial vehicle without violating privacy law. This means that if someone's image or name is used incidentally in an advertisement or other commercial context, they cannot sue for invasion of privacy. However, the use must be truly incidental and not the primary focus of the advertisement.

Question 19

An employee who uses a company computer has a reasonable expectation of privacy with regard to the e-mails he or she sent or received.

Accepted Answer

Generally, employees have limited privacy rights when using company computers, and employers can monitor their activities, including emails, without violating any laws. It is advisable for employees to assume that their emails and other internet activity on company computers are being monitored and act accordingly.

Question 20

The use of the likeness of a celebrity on a shirt,trading cards or other such items is always regarded as an appropriation.

Accepted Answer

The use of a celebrity's likeness on merchandise like shirts or trading cards can sometimes be considered fair use or could be licensed, meaning it's not always regarded as an appropriation.

Quiz 7: Invasion of Privacy: Appropriation and Intrusion

The intrusion tort differs from other right to privacy torts (appropriation,private facts,and false light) because

The Booth rule is applicable in which of the four varieties of invasion of privacy?