JOURN 4000 1st Edition Lecture 31 Outline of Last Lecture I Privacy laws Outline of Current Lecture I Privacy laws Current Lecture Family hires Richard Nixon goes to SC False light requires actual malice when it involves public interest Fictionalization and identification deadly duo don t just change names Warren Spahn Milwaukee Braves Guy writes book doesn t interview team makes up facts False light 2008 MO Court of Appeals case Zippatoni case guy recognized for website he didn t make North Face South Butt spoof Settled out of court Can t use dead people s images in ads Elvis Foundation has pushed for laws regarding this Can t identify not appropriation Appropriation These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute If famous right of publicity have the right to charge for use of name Everyone has protection against appropriation Johnny Carson case Outkast Rosa Parks song Bette Midler doesn t do commercials Ford uses voice in commercial Suing burden of proof to prove appropriation lies in plaintif Tom Waits In Cali when you go for punitive damages they are calibrated to defendant s pocketbook Vanna White appropriation of identity Indiana images identity protected for life 100 years Mohammed Ali Playgirl appeared nude in cartoon used as ad Hustler Asshole of the Month Commentary not ad Incidental use Howard Stern Cher consent for one is not consent for another Disclaimers lookalikes Woody Allen Lanham Act Ginger Rogers Fred Astair Astair bill Newsworthiness can be defense against appropriation Exception to newsworthiness defense Hugo Zacchini case Substantial threat to economic value of act if entire act is published Parody is protected
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