Mass Media Law
Terms
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copy deck
- Intrusion
- When one individual intrudes upon or invades the solitude of another indivudal.
- False Light
- Prohibits all publications or broadcasts that falsely portray an individual in an offensive manner.
- Right of Publicity
- an offshoot of privacy law that protects the right of persons to capitalize on their fame or notoriety for commerical or advertising purposes.
- When Consent Will Not Work
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1.Consent given today may not be valid in the distant future, especially if it is gratuitious oral consent.
2. Some people cannot give consent (under 18 yrs. old, mentally ill, incarcerated-signed consent statement)
3. Consent to use a particular photograph may be lost if the photography is substantially altered.
- Life After Death
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Cases:
- The Martin Luther King Center v. American Heritage Products (Bobble heads)
-Reeves v. United Artists
-Lugosi v. Universal
-Dittner v. Troma - Publicity to Privat Facts
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-There must be publicity to private facts about an individual
-The revelation of this material must be offensive to a reasonable person.
-The material is not of legitimate public concern.
- Publicity about Private Facts
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It is illegal to publicize private information about a person if the matter that is publicized
- would be highly offensive to a reasonable preson, and
- is not of legitimate public concern or interest. -
Publication in Defamation
and
Pulicity in Privacy Law -
- To communicate the material to a single third party.
- The material is communicated to the public at large or to a great number of people, making it certian that the facts will shortly become public knowledge. - Use of NAME or LIKENESS(Cases)
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1. Only the names of people are protected under appropriation. The names of businesses, corparations, schools and other things are not protected under the law.
- Haelan Laboratories, Inc. V. topps Chewing Gum
Photograph (won)
-Choen v. Herbal Concepts
Photograph (loss)
-Queary, "Mother Denied Say"
Sketches
-Ali v. Playgirl
Voices
-Facenda v. N.F. L. Films
Characters
-McFarland v. Miller(went to trial)
-Burk d/b/a The Naked Cowboy v. Mars., Inc. No. 08 1330
- Use of NAME or LIKENESS (2)
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Performers
-Onassis v. Christian Dior (1984)
Singers
-Milder v. Ford Motor Co.(Appropriation)
Photograph
-White v. Samsung Electronics Amreica Inc.( 1992)
- Private Facts (Cases)
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-Sipple v. Chronicle Publishing Co. (1984)
-Gates v. Discovery Communications Inc. (2004)