chapter 5 Comm Law Flashcards Preview

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Flashcards in chapter 5 Comm Law Deck (26):
1

It is illegal to appropriate an individual’s name or likeness for commercial or trade purposes ______

without consent.

2

It is illegal to appropriate an individual’s name or likeness for commercial or trade purposes without consent. this is also known as?

appropriation

3

appropriation is a _____ right and a _____ right

property and personal

4

appropriation is a _____ right as it protects the economic value of the name or likeness

property

5

appropriation is a _____ right as it protects an individual from the embarrassment and humiliation that can occur when a name or picture is used

personal

6

Individuals can sue for appropriation in
a news story. t/f?

false, one cannot

7

“News” has been widely
interpreted by the courts to include anything
that is not?

an explicit advertisement

8

Ali vs Playgirl, inc was a case based on what

appropriation

9

Written consent is generally ?

uncontestable

10

Some persons, such as______ cannot give consent

(minors, wards of the state)

11

Consent to use a photograph does or does not apply if the image is materially altered or changed?

does not

12

the disclosure of the private facts must be_____ disclosure, not a ____?

a public, private one.

13

facts disclosed to the public must be _____ facts, not _____.

private, public

14

the matter made public must be one that would be _____ and ____ to a reasonable man of ordinary sensibilities

offensive and objectionable

15

A reasonable ______ `exists in a private residence, hospital, hotel room, private office etc.

expectation of privacy

16

No Expectation of Privacy occurs where?

in Public or in full view (sidewalks, parks, beaches, stores, restaurants, etc.)

17

An ______ cannot be based on the recording of activities that took place in public

intrusion suit

18

Distortion (out of contex), Embellishment (changing the context), and Fictionalization all fall under which 4 torts?

placing an individual in a false light

19

False Light damages are not to reputation, but personal ?

embarrassment and anguish

20

when the 1947 10 yr old girl was involved in a street accident in alabama where a motor car nearly ran her over, there was a photograph that was took of the child that was later used in an article on traffic accidents titled "they asked to be killed" which type of "placing an individual in a false light" does this case pertain to?

distortion, it is out of context

21

When a reporter pretended to have interviewed widow of man killed in bridge collapse, describing her face and talking about her courage in refusing charity, and yet had never bothered to interview her, the court said he had acted with malice, that is, knowingly publishing something false.
which type of "placing an individual in a false light" does this case pertain to?

embellishment (changing the context)

22

Purpose of the information gathering and having the means of information gathering: cameras, hidden recording devices, false pretenses, is an example of what?

intrusion

23

The main issue of intrusion is not the publication, but the process of gathering information. t/f?

true

24

which case(s) is considered an intrusion case?

a) Miller v NBC 1986.
b) Shulman v. Group W Productions 1998.
c) Mark v King Broadcasting 1980.

A & B

25

which case(s) is not considered an intrusion case?

a) Miller v NBC 1986.
b) Shulman v. Group W Productions 1998.
c) Mark v King Broadcasting 1980.

C

26

There is no expectation of privacy when information is voluntarily made accessible to another person or placed in the flow of commerce. this is an example of what?

the internet