What is the right to privacy? What is the right of publicity?

What will be an ideal response?


The phrase right of privacy is not explicit in the Constitution. However, Justice Brandeis acknowledged this right in the decision of Olmstead v. United States. Brandeis argued that despite the lack of specific language in the Constitution, the framers conferred the right to be left alone as the "most comprehensive of rights" and the "right most valued by civilized men." This right of privacy is not to be confused with the Fourth Amendment guard against unreasonable searches and seizures by the government (or police). This is the tort of invasion of privacy and celebrities will sue for the tort of invasion of privacy (which encompasses the right of privacy) due to the unyielding nature of some of the members of the media or fans and the like, and due to alleged libelous statements that place the plaintiffs in a false light. The right of publicity sometimes referred to as commercial misappropriation is a court based legal doctrine that prevents the unauthorized commercial use of an individual name, likeness, or other recognizable aspects of one's persona. Right of publicity gives an individual the exclusive right to license the use of their identity for commercial and consequently financial promotion. The right of publicity has been identified by courts as the inherent right of every human being to control the commercial use of his or her own identity. There are four types of invasions of privacy: (1) intrusion, (2) appropriation of name or likeness, (3) unreasonable publicity and (4) false light.

Legal Studies & Paralegal

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Answer the following statements true (T) or false (F)

1. "Use Immunity" is a limited form of immunity in which the person's testimony cannot be used as evidence against them. 2. The principle that conversations between client and counsel are privileged in order to encourage full and frank discussion between them is called Priest-Penitent Privilege. 3. Private conversations between husband and wife are privileged to protect marriages from the destructive effects of being compelled to testify against one another. 4. The Supreme Court has ruled that the protection of conversations between a patient and his/her psychiatrist "serves the public interest by facilitating the provision of appropriate treatment for individuals suffering the effects of a mental or emotional problem." 5. If a person confesses to a crime, but was not first informed of his/her rights, the confession will be inadmissible at trial.

Legal Studies & Paralegal

The filing fee for a civil action in federal court is?

A. $120.00.? B. ?$25.00. C. ?$150.00. D. ?$80.00.

Legal Studies & Paralegal

Which of the following best describes the relationship between the federal government and state militias?

A) The militias are independent state entities over which the federal government has no authority. B) The militias are federal entities over which the federal government has complete authority. C) The militias are state entities over which the federal government has limited authority. D) All of the above.

Legal Studies & Paralegal

The duty to warn a patient of risks increases as the probability or severity of the risks increases.

Answer the following statement true (T) or false (F)

Legal Studies & Paralegal