Privacy is an especially equivocal idea, in particularly because invasion of privacy is a concept that is arguably questionable. Privacy has been defined as the right to be left alone without unwarranted intrusion by government, media, or other institutions or individuals. While this definition serves as a quick start to the right of privacy, there are still several interpretations as to what may or may not constitute as an invasion of privacy. What one person may believe to be an innocent curiosity, another may feel as though it is an deliberate invasion of privacy. Often these disputes make their way into courtrooms and are subjected to controversy and evaluation. This essay will focus on appropriation of name or likeness for commercial purposes. First, it will define the right of privacy, and right of publicity. Next, the evaluation and discussion of four cases in which appropriation of name or likeness for commercial gain was assessed in courtrooms. Then after, thoughts on current developments in this area of law will be discussed, as well as suggestions for current working journalists. Finally, closing and concluding statements will be addressed.
Background
In the mid twentieth century, the tort of appropriation experienced a shift. Courts reoriented the tort so that it no longer exclusively protected a person’s interest in dignity or “privacy,” but rather the pecuniary interest in the commercial exploitation of one’s identity, or one’s “right of
With the rise of the internet, some people argue that privacy no longer exists. From the 2013 revelations of government surveillance of citizens’ communications to companies that monitor their employees’ internet usage, this argument seems to be increasingly true. Yet, Harvard Law professor Charles Fried states that privacy, “is necessarily related to ends and relations of the most fundamental sort: respect, love, friendship and trust” (Fried 477). However, Fried is not arguing that in a world where privacy, in its most simple terms, is becoming scarce that these foundations of human interactions are also disappearing. Instead, Fried expands on the traditional definition of privacy while contesting that privacy, although typically viewed
As human beings and citizens of the world, everyone values their privacy. It is a right that is often looked over and taken for granted by most. Since the beginning of time, there have been concerns about individuals’ rights to privacy and their personal information remaining confidential. Our founding fathers had concerns about this which is why, “…this right has developed into
In support of privacy, Daniel J. Solove wrote, Why Privacy Matters Even If You Have ‘Nothing to Hide.’ Solove begins his argument by introducing the nothing-to-hide argument. In general, the argument for surveillance is ‘if you’ve got nothing to hide, you’ve got nothing to fear:’ hence people’s support for government efforts and regulations to ‘protect’ citizens by decreasing privacy. Those who object this argument target its most extreme cases. For example, if you have nothing to hide, could I take a nude picture of you, own all entitlements to the photo, and share it with anyone? Absolutely not, most would say, but this objection is not exceptionally compelling according to Solove. In order to understand privacy, we must not reduce it to one single definition. Privacy is extremely complex and involves a range of different things that share common characteristics. For instance, one’s privacy can be invaded by the expose of your innermost secrets, but it may also be invaded if a peeping Tom (without the reveal of any secrets) is observing you. Your privacy may also be invaded if the government seeks extensive information about you. All of these examples cause harm related to an invasion of privacy, thus making the definition of privacy not applicable for a “one size fits all” conclusion. The underlying and most significant harm that comes from surveillance is the problem of information processing. Solove uses The Trial example to demonstrate this effect. Here, the
Most Americans feel trapped by the government. They believe that the government is spying on them just to do so and that there is absolutely no reason for it. However this is wrong because the government has several reasons to spy on us Americans. Even though this may seem outrageous, it is needed and there are ways the United States’ citizens have privacy. With all of these false accusations it is simple to see why people would be supportive of our right to privacy. On the other hand, the government eavesdropping on the people of the United States has helped save many lives and justice being served. The United States of America is a free country, so we should have the option to be spied on by the government; however, as citizens we do
Whether it is calling someone on your phone or online shopping on the computer, people are more connected than ever to the internet. However, a person might be oblivious to the fact that they are being watched using these technologies. The NSA (National Security Agency) is an intelligence organization for the U.S. to protect information systems and foreign intelligence information. Recently the NSA has been accused of invading personal privacy through web encryption, tracking, and using personal information for their own uses and without permission. The surveillance of the NSA produces unlawful invasion of privacy causing an unsecure nation.
When the first 10 amendments of the constitution were written, one of the main concerns was government intrusion. In the 1800s, citizens were concern about the confidentiality of their correspondence. Likewise in 1890, the concern was photography and yellow journalism. With lack of privacy laws, citizens brought several cases to the U.S courts because they felt there were violations of privacy. As a consequent, several torts were written and recognize by most states. This torts included the intrusion upon seclusion, public disclosure of private facts, false light or publicity, and appropriation. Though, historical events have help to expand the definition of privacy, there has not been a critical event that forced America to have a comprehensive federal policy about protecting the right to privacy. Nevertheless, every time that there is a major concern that threatens the right to privacy, the government and the states have passed laws to eliminate those
Privacy is what allows people to feel secure in their surroundings. With privacy, one is allowed to withhold or distribute the information they want by choice, but the ability to have that choice is being violated in today’s society. Benjamin Franklin once said, “He who sacrifices freedom or liberty will eventually have neither.” And that’s the unfortunate truth that is and has occurred in recent years. Privacy, especially in such a fast paced moving world, is extremely vital yet is extremely violated, as recently discovered the NSA has been spying on U.S. citizens for quite a while now; based on the Fourth Amendment, the risk of leaked and distorted individual information, as well as vulnerability to lack of anonymity.
In 1787, the constitution was born. The constitution has been America’s guideline to the American way of life. Our US constitution has many points in it to protect America and it’s people from an overpowered government, our economy, and ourselves. The only thing the constitution doesn’t directly give us, is our right to privacy, and our right to privacy has been a big concern lately courtesy of the National Security Agency (NSA).(#7) Although our constitution doesn’t necessarily cover the privacy topic, it does suggest that privacy is a given right. Some people say that the right to privacy was so obvious, that our founding fathers didn’t even feel the need to make a point about it.(#9) It also didn’t help
We’ve all heard the conspiracy theories. Alien aircrafts are kept in Area 51. Obama can control the weather. Neil Armstrong never landed on the moon. Some people see these theories as a product of irrationality but they’re really a product of fear. Ever since 9/11, Americans have been desperately searching for a sense of security within the country that was taken from us. We’ve been so desperate in fact that we’ve given up some of our basic rights in order to restore that sense of security. When you walk through a metal detector at an airport and they scan you for any metal items, would you consider that an invasion of your privacy? Would you sacrifice that privacy to feel safer on an airplane? Most of us would because when the choice is life or death, the decision becomes a lot simpler.
If you are constantly feeling like your parents are watching everything you do, they just might be. In “Parental Monitoring or an Invasion of Privacy”, Robert Foltz mentions that technology is growing and becoming more advanced. Also, in “How Private is your Private Life”, Andrea Rock says “when you are online, file an insurance claim or even eat out, you reveal personal information to strangers”(Rock 683).Eventually your parents, or anyone, may be able to see what you are doing or where you are at. A key question is “Does this surveillance foster positive behavior or fuel distrust?”(Foltz) Most teens would like to be with their friends and do normal actions without being monitored. However, too much freedom could result in teens doing actions they should not be doing. There is also a lack of trust if there is too much monitoring. In “Parental Monitoring or an Invasion of Privacy”, there are question surrounding whether teens should have more
Government surveillance has not contributed to a decrease of percentage in crimes, but has created a controversial topic instead. Online surveillance has been an invasion of privacy, because everything the users access is seen without their consent. Due to the fact the stored data is not used, government surveillance in the united states has not been very impactful. Crimes and terrorist attacks were not stopped, and the mass storage of personal data within the last year has violated privacy laws 2,776 times (Government Surveillance 722). Surveillance online is not only unsuccessful in America, but in UK, and Canada as well. Out of every 1000 security cameras, only one camera is actually used to catch a criminal (Government Surveillance 722). However, there are several solutions that can be made to allow the usage of government surveillance without the violating the rights of Americans. Some of the solutions have already taken action, and will give users more freedom online.
In the recent year the debate over one’s Right to Privacy has been a very controversial topic. Many individuals argue that National Security triumphs the Right to Privacy, though many others also argue that many national policies such as “Stop and Frisk” and the Patriot Act are actually unconstitutional and unnecessary to protect the country.
It's easy to see and understand the ideas of intrusion and appropriation. In fact many media slightly encourage their reporter to dig up dirt by either trespassing or sneaking around to get information, and as well to use a person's picture with out consent. However the two more serious of the privacy laws are very much like that of libel.
In this chapter, Moore concludes that privacy rights should be interpreted as “a right to control access to places, locations, and personal information along with the use and control rights to these goods” (Moore, 2010). Although he understands that not everyone will be satisfied by his definition, he also suggests that how the right will be upheld, lends a role in its definition (Moore, 2010). Furthermore, he states that the key to grasping privacy is through the normative and non-normative definitions (Moore, 2010). Numerous counterexamples to the definitions of privacy fails to take into consideration the normative and descriptive accounts (Moore, 2010). These cases and examples aid in the clarification of the concept of privacy, along
In the modern age it is almost unheard of to hear of someone without a telephone or computer in their home. One no longer even needs to be in their home to use said commodities with the increasing accessibility to cell phones. The result of such available technology is that we have now unloaded large amounts of our personal information over digital mediums. Our telephone conversations, our home addresses, and even our banking credentials are all common things are being stored digitally. The convenience of such technology had the side effect that any information saved can be accessed by a greater authority who is controlling said services. Obviously these higher authorities have no intentions of