Part 2- Crimes and Torts, Chapter 6: Intentional Torts, Doc 7

Invasion of Privacy and Right of Publicity: Key Legal Principles and Case Analysis Four Types of Invasion of Privacy 1. Intrusion on Solitude or Seclusion: o Definition: Involves intentional intrusion into a person's private space or affairs in a way that is highly offensive to a reasonable individual. o Examples: Illegal searches, phone tapping, or unauthorized surveillance in private areas. o Limitation: No liability arises for observing someone in public spaces where privacy is not reasonably expected. 2. Public Disclosure of Private Facts: o Definition: The public dissemination of private, often sensitive, facts about someone that would be offensive to a reasonable person. o Examples: Sharing details about someone’s medical condition or personal financial troubles. o Defense: Truth is not a defense. However, no liability attaches to matters of legitimate public interest or public record. 3. False Light Publicity: o Definition: Publicizing information that places someone in a misleading and offensive false light. o Examples: Falsely attributing controversial opinions or associating someone with an untrue narrative. o Overlap with Defamation: Both concern false statements, but false light focuses on offensiveness rather than reputational harm. o Defense: Truth negates liability, and First Amendment protections apply similarly to those in defamation cases. 4. Commercial Appropriation of Name or Likeness: o Definition: Using someone's name, image, or identity for commercial gain without consent. o Examples: Advertisements implying a celebrity endorses a product. o Extension: This tort is closely tied to the right of publicity, which protects individuals (especially public figures) from unauthorized commercial exploitation of their identity. Right of Publicity and Commercial Use The right of publicity ensures individuals have control over the commercial use of their identity, including their name, likeness, and other distinctive traits. Courts distinguish between commercial and non-commercial uses, with significant legal and First Amendment implications. Case Analysis: C.B.C. Distribution & Marketing, Inc. v. Major League Baseball Advanced Media Facts: • • CBC offered fantasy baseball games using players' names and statistics. After CBC’s licensing agreement expired, Major League Baseball’s licensing partner, Advanced Media, claimed CBC violated players’ rights of publicity by continuing to use these details without a new license. Legal Issue: Did CBC's use of publicly available player names and statistics violate the players' rights of publicity under Missouri law? Court’s Ruling: 1. Elements of the Right of Publicity: o Missouri law requires unauthorized use of a person’s name or likeness with intent to gain a commercial benefit. o CBC’s use of players’ identities was for a commercial purpose—its fantasy sports games. 2. Public Interest and First Amendment Defense: o The court held that player names and statistics are matters of public interest. o Fantasy baseball games rely on public facts about players’ performances, which are widely accessible and central to the sport's public nature. o Under the First Amendment, CBC could use these facts for its games without infringing on the players’ rights of publicity. Conclusion: The court affirmed CBC's right to use publicly available player information, balancing the players' publicity rights with the public’s and media’s First Amendment interests. Implications: • • Commercial Use: Not all profit-driven activities, such as fantasy sports, constitute actionable commercial appropriation. Public Interest Defense: Publicly available data tied to public figures, especially in widely followed activities like sports, enjoys broad protection under the First Amendment.