Deck 7: Invasion of Privacy: Appropriation and Intrusion

Question 1

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

A)publication of the private information is not required to establish a legitimate cause of action.
B)it is recognized in only a minority of the states in the nation.
C)where as litigation in the other three tort areas has grown sharply in the past two decades,the number of intrusion cases has dropped sharply.
D)only celebrities or well-known individuals can successfully sue for intrusion.

Answer 1

A

Question 2

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

A)appropriation
B)intrusion
C)private facts
D)false light

Answer 2

A

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.

Answer 3

True

Question 4

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

A)a use that transforms the plaintiff's likeness into something the defendant can sell.
B)transforming a right to privacy claim into a claim for the right to publicity.
C)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.
D)a use which takes a person who is a celebrity in one field and transforms that celebrity to another field; like making a musician into a TV actor.

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.

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.

Question 7

One reason for the growth in right to publicity lawsuits is

A)the U.S.Supreme Court ruling in Hilton v.News Corp.
B)the Warren and Brandeis Harvard Law Review article entitled "The Right to Publicity."
C)the tremendous growth of the cult of celebrity in the United States.
D)all of the above.

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.

Question 9

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

Question 10

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

A)An appropriation.
B)A breach of contract.
C)A publication of private facts.
D)Trademark infringement.

Question 11

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

A)increased government intrusion into private lives.
B)numerous technological innovations like the Internet.
C)the willingness of individuals to trade some of their right to privacy to get other things.
D)all of the above reasons.

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.

Question 13

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

Question 14

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

A)increased personal protection for privacy on the Internet,but not in other forms of communication.
B)placed national security interests above the right to privacy.
C)has made it harder for corporations to gather personal information about individuals.
D)has resulted in an increase in right to privacy lawsuits.

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.

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.

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

A)Using a new tort called virtual right of privacy.
B)For trespass.
C)For intrusion.
D)For none of the above.

Question 18

In privacy law,the doctrine of incidental use means

A)a person whose image appears in a news story about a public incident cannot sue for invasion of privacy.
B)the public incidents in a person's life cannot be shielded by privacy law.
C)a brief or fleeting use of a person's name or likeness in a commercial vehicle is permitted.
D)a claim of invasion of privacy might accompany a claim of incidental libel in a lawsuit.

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.

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.

Question 21

What are the circumstances in which written consent may not suffice as a defense in an appropriation case?