Law HW analysis

Due in 4 hours 

Using the knowledge you have gained and your text as a reference, write a short essay no longer than 250 words for any one scenario analyzing the situation

You are putting together a television news story about prostitution in a disreputable part of town. You need footage for the TV spot. In the evening, from behind the window of your van, you film a group of three women who appear to be soliciting. You put the footage together with a voice over that suggests the women depicted are prostitutes and send it off for airing.

· What risks are you taking?

· What might you have done to protect yourself?

Use these lectures to answer the questions and write about the scenario.

Publicity Rights

Think of publicity rights as similar to trademark rights. The difference is that they apply to people instead of trademarks. Everyone, whether a private citizen or a famous individual, has the right to control and perhaps profit from the commercial use of his/her name and likeness. 

Furthermore, if you are famous, the likeness does not have to be an actual photograph. The courts have found that the “likeness” of an individual may include a drawing, a distinctive silhouette, mannerisms, or a sound similar to their voice. If these characteristics are associated with a famous individual, even if not actually derived from the individual, then their publicity rights have been infringed.

Privacy Rights

Invasion of privacy is the unauthorized publication of intimate and private information about an individual. It does not matter whether the information is true or false.

In general, all personal correspondence including letters, e-mails, and telephone conversations are off limits. In addition, information about a person’s health, wealth, sex life, and other private matters should not be divulged.

As with defamation laws, individuals who actively seek publicity such as entertainers and public officials receive less protection than private citizens under privacy laws. However, the nature of any revelation made, the amount of harm caused, and the presence or absence of malicious intent also plays a role in determining if an individual’s right to privacy has been violated.

In Conclusion

Whenever planning to publish anything, take a moment to consider how you might be violating defamation laws or infringing upon another person’s right to publicity or privacy. Be sure that any images you plan to use do not contain individuals who may be under age, who cannot be identified, or are unaware that you are using their likeness.

Check any statements such as credits for artwork to ensure they are correct. Take care not to misidentify individuals in photographs.

Finally, avoid making disparaging remarks, especially about competitors or fellow professionals, either publicly or in private. Pay heed to the old saying “If you can’t say anything nice, don’t say anything at all.” It may save you some grief. It is, after all, a golden rule.

Laws Regulating Ethical Behavior

The laws concerning defamation is another area of the law that concerns creative individuals.

“Defamation” used in this regard is any action that either intentionally or unintentionally harms the good reputation of a person, company, or product. Laws against libel and false advertising are the main categories of defamation law. The right to privacy and the right to publicity are related laws that we will discuss along with them.

These laws exist and are enforced on the state level. They vary from one state to another. Some laws, such as the right to publicity, exist only in a handful of states. However, this does not mean that you only need to abide by the laws in your home state. Should you cause harm, you can be sued in any of the states where the plaintiff, the individual bringing the suit, may live.

Since there is no uniform code in the United States for these laws, you will see how they operate in a general way, allowing you to get a general idea of how they may affect you.

Libel and Slander

In the past, an untrue statement that was published in writing constituted “libel” and a falsehood that was spoken was termed “slander”. However, in today’s world of radio, Internet, and television broadcasts, the courts have developed a new standard for these terms.

Slander still applies to spoken falsehoods, but only to those that are not broadcast to a large audience. Libel is an untrue statement that is published or broadcast in any manner to a large audience. The damage caused by libelous activity is greater than that of slander and it is by far the preferred type of defamation suit.

In order for the law to be broken, several other requirements must also be fulfilled:

· The falsehood must be or appear to be about the plaintiff. The plaintiff does not have to be identified by name. The identity may be intimated or implied. In fact, if the false statement identifies the plaintiff in some manner, even by mistake, then this requirement is fulfilled. 


· The falsehood causes harm to the plaintiff in some way in the form of monetary loss, embarrassment, shame, etc.


· The plaintiff must be alive when the defamation occurs. 


· The defendant, the accused party, made the remark either intentionally or unintentionally.


· The untrue remark was presented as a fact and not as an opinion.

There are two additional factors that are important to these cases. First, individuals who intentionally place themselves in the public eye are afforded fewer protections under these laws. A public figure who is accidentally defamed is less likely to prevail in a lawsuit than a private citizen. However, if the defamation was made with actual malice, that is, intentionally or without due care then public figures are also protected.