Question 1

In privacy law,the doctrine of incidental use means

Accepted Answer

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. C

Question 2

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

A) True 
 B)False  False

Question 3

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

A) True 
 B)False  False

Question 4

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

A) True 
 B)False

Question 5

One reason for the growth in right to publicity lawsuits is

Accepted Answer

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 6

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

Accepted Answer

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.

Question 7

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

A) True 
 B)False

Question 8

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

Accepted Answer

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

Question 9

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 10

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

A) True 
 B)False

Question 11

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

Accepted Answer

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 12

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

Accepted Answer

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 13

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

A) True 
 B)False

Question 14

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

A) True 
 B)False

Question 15

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

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

Question 16

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

A) True 
 B)False

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

The answer of What are the circumstances in which written...

Question 19

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

Accepted Answer

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 20

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

Accepted Answer

A) True 
 B)False

Exam 7: Invasion of Privacy: Appropriation and Intrusion

In privacy law,the doctrine of incidental use means

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

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.

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.

One reason for the growth in right to publicity lawsuits is

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

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.

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

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.

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.

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

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

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.

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

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

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.

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

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

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

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