THE TORTS OF PRIVACY AND PUBLICITY
PROFESSOR MICHAEL L. RICHMOND
SYLLABUS
GOALS –
1. I will determine who has the oral and written skills in the English
language to join us at the Shepard Broad Law Center.
2. You will learn about the cause of action known as the tort of Privacy.
3. You will become comfortable with the interactive method of
instructions prevalent in U.S. law schools.
ASSIGNMENT—We will meet six times for two hours each session. You are to read
and brief the cases for that session and be prepared to discuss them. We will cover an
average of five cases each session, but I will be flexible in allowing for the class to
move at an appropriate pace.
FIRST CLASS – Read and brief all cases in the section entitled “Public Disclosure of
Private Facts.”
EVALUATION – You will be evaluated on your class performance and on your
response to one exam at the end of the class. The exam will be entirely essay.
HOW TO BRIEF A CASE
1. Read the facts and the procedure. What did the plaintiff claim and/or prove the
defendant did that was wrong? What happened in the courts below? Then, close the
case and decide for yourself what was the proper result for the court to reach.
2. Reread the facts. Now, look at the rest of the opinion. Highlight and number each
step in the court’s analysis. Was your decision correct? Why?
3. Write out the facts in your own words. Follow this by writing out the steps of the
court’s logic in the sequence in which they occurred. If you disagree with a step, write
out (in a different typeface) why you disagree.
I would recommend a careful review of your writing, focusing on the grammar you have
used.
OUTLINE AND ORDER OF CASES WE WILL COVER
Public Disclosure of Private Facts
2. Tort Recognized -- Cason v. Baskin
3. Private Nature of Facts Generally – Briscoe v. Reader’s Digest Ass’n
4. Public Records – Florida Star v. B.J.F.
5. Offensiveness of Matter – Harms v. Miami Daily News
6. Jury Issue – Diaz v. Oakland Tribune
Intrusion on Seclusion
7. Physical Intrusion – Galella v. Onassis
8. Compared with Private Facts – Shulman v. Group W Productions
False Light
9. Recognized – Cantrell v. Forest City Pub. Co.
10. Rejected – Jews for Jesus v. Rapp
Commercial Appropriation/Publicity -- Generally
11. Famous Person in Advertisement – John Daly Enterprises v. Hippo Golf
12. Private Person in Advertisement – Baucom v. Haverty
13. Sale of Likeness – Mendonsa v. Time, Inc.
Descendibility of Right of Publicity
14. Held Not Descendible – Lugosi v. Universal Pictures
15. Held Descendible – Martin Luther King Center v. American Heritage
Prod.
Identification of Plaintiff
16. Pictorial – Cohen v. Herbal Concepts
17. Voice – Midler v. Ford Motor Co.
18. Look-Alike – Allen v. Nat’l Video
19. Slogan – Carson v. Here’s Johnny Portable Toilets
Defenses
20. Consent – Doe v. Univision Televison Group
21. Transformative Use – Comedy III Productions v. Gary Saderup, Inc.
22. Expressive Work – Lane v. MRA Holdings
Newsworthiness
23. “Where Are They Now” – Sidis v. F-R Pub. Co.
24. Material Advertised – Tyne v. Time Warner Entertainment
25. Entire Performance – Zacchini v. Scripps-Howard Broadcasting
26. Simulations of Performance – Estate of Elvis Presley v. Russen