JOURN 4000 1st Edition Lecture 31Outline of Last LectureI. Privacy lawsOutline of Current LectureI. Privacy lawsCurrent 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 namesWarren Spahn-Milwaukee Braves-Guy writes book, doesn’t interview team, makes up facts-False light2008- MO Court of Appeals case -Zippatoni case guy recognized for website he didn’t makeNorth 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 yearsMohammed 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
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