Chapter 21: Invasion of PrivacyA. Definition
B. Elements
Appropriation of Another’s Name and Likeness
1. The defendant used the plaintiff’s name or likeness
2. The use of the plaintiff’s name or likeness was for the defendant’s own purposes or benefit, commercially or otherwise
3. The plaintiff suffered damage
4. The defendant caused the damages incurred
Unreasonable Publicity Given to Another’s Private Life (Disclosure)
1. The fact(s) disclosed must be private in nature
2. The disclosure must be made to the public
3. The disclosure must be one which would be highly offensive to a reasonable person
4. The fact(s) disclosed must not be of legitimate concern to the public
5. The defendant acted with reckless disregard of the private nature of the fact(s) disclosed
6. The public disclosure was a cause of the plaintiff’s damages
Unreasonable Intrusion upon the Seclusion of Another
1. Another person has intentionally intruded, physically or otherwise
2. Upon the seclusion or solitude of the plaintiff
3. Such intrusion would be offensive or objectionable to a reasonable person
4. The invasion was a cause of the plaintiff’s damages
C. Elements Defined
Appropriation of Another’s Name and Likeness
Unreasonable Publicity Given to Another’s Private Life (Disclosure)
Unreasonable Intrusion upon the Seclusion of Another
D. Defenses
Consent
Designation of Nonparty at Fault
First Amendment
Governmental Immunity
Privilege
Statute of Limitations
E. Remedies
F. Forms
Complaint for Invasion of Privacy—Appropriation of Another’s Name and Likeness
Complaint for Invasion of Privacy—Unreasonable Publicity Given to Another’s Private Life
Complaint for Invasion of Privacy—Unreasonable Intrusion upon the Seclusion of Another—With Claim for Injunctive Relief
