Basics
This term refers to wrongly portraying someone in a misleading way that would offend a reasonable person.
What is false light?
One required element of false light is that the portrayal would be offensive to this hypothetical person.
Who is a reasonable person?
This tort requires that information was made public or widely disseminated — a requirement known by this term.
What is publicity?
Intrusion focuses on the act of intrusion itself, not on this.
What is what is published or how the information is used?
Using someone’s name or likeness for commercial gain without consent is known as this.
What is appropriation (or the right of publicity)?
This tort focuses on what was published, not how the information was obtained.
What is public disclosure of private facts?
Liability for false light requires showing the publisher was at this level of fault.
What is fault (typically negligence or actual malice)?
Public disclosure of private facts involves information that is private and not of ____________.
What is legitimate public concern (or newsworthiness)?
Liability requires that the intrusion would be highly offensive to this type of person.
Who is a reasonable person?
This term refers to a representation (photo, sketch, voice) that identifies the plaintiff even without facial recognition.
What is a likeness?
This tort is about invading someone’s solitude or private affairs in a way highly offensive to a reasonable person.
What is intrusion upon seclusion?
True or False: False light is recognized in Texas.
What is False?
The publication must meet this high standard of offensiveness to trigger liability.
What is highly offensive to a reasonable person?
Intrusion can involve physical or non-physical invasions, so long as they target this.
What is the plaintiff’s private affairs or solitude?
Celebrity look-alikes and sound-alikes are generally prohibited because they violate this right.
What is the right of publicity?
This privacy tort is not recognized in Texas because courts view it as duplicative of defamation.
What is false light?
False light differs from defamation because it focuses on this aspect of the portrayal, rather than harm to reputation.
What is the misleading or distorted impression created?
This tort differs from intrusion because it focuses on what is published rather than ______________.
What is how the information was gathered?
Unlike public disclosure, intrusion does not require that the obtained information be _________.
What is private?
These types of works generally do not count as commercial use.
What are plays, books, films, radio programs, television programs, magazines, newspapers, political material, newsworthy content, parodies, commentary, or single original works of fine art?
This tort uniquely protects a person’s commercial interest in their identity and can sometimes be inherited or assigned.
What is appropriation / the right of publicity?
Name one reason some states reject false light as a standalone tort.
What is that it overlaps with defamation or threatens First Amendment protections?
Some states do not recognize this tort because doing so may punish the press for publishing information that is ________.
What is publishing truthful information?
Name one classic example of intrusion that we often hear when learning this tort.
What is an example such as eavesdropping, wiretapping, peeping, or surreptitious surveillance?
You can make and sell a single original work of fine art, but you cannot do this without violating the right of publicity.
What is make and sell multiple copies or reproductions?