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Student name:__________
TRUE/FALSE – Write ‘T’ if the statement is true and ‘F’ if the statement is false.
1) Under the appropriation law, a celebrity’s likeness includes much more than his or her
name or face.
⊚ true
⊚ false
2) The use of a name or likeness in any publication sold to a reader for a profit is considered
an appropriation.
⊚ true
⊚ false
3) A corporation enjoys the same personal right of privacy as a living person.
⊚ true
⊚ false
4) The publication of information that has been obtained through an illegal intrusion is not
considered an invasion of privacy if the reporter or editor had nothing to do with the intrusion.
⊚ true
⊚ false
5) You do not have a reasonable expectation of privacy in a public place even if you wear
revealing clothing or you are in a car accident.
⊚ true
⊚ false
6) Persons who send e-mail messages and participate in chat rooms on the Internet do not
have a reasonable expectation of privacy under the law.
⊚ true
⊚ false
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7) The use of the likeness of a celebrity on a shirt, trading cards, or other such items is
always regarded as an appropriation.
⊚ true
⊚ false
8) The defense of newsworthiness in a privacy lawsuit extends to stories about important
governmental, economic, foreign policy, or political issues, but it does not extend to stories about
social or cultural issues.
⊚ true
⊚ false
9) An employee who uses a company computer has a reasonable expectation of privacy with
regard to the e-mails he or she sent or received.
⊚ true
⊚ false
10) It is not an invasion of privacy to record a conversation between two people if the
conversation takes place in a public place where there is not a reasonable expectation of privacy.
⊚ true
⊚ false
11) The First Amendment prohibits appropriation lawsuits for plays, films, books, and
television programs even if they make money.
⊚ true
⊚ false
MULTIPLE CHOICE – Choose the one alternative that best completes the statement or
answers the question.
12) Which of the following is NOT an accurate statement about the right of publicity?
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A) In some states, the right can be passed on to heirs.
B) The plaintiff in a right of publicity suit can claim monetary loss.
C) It is based on an individual’s right to profit from his or her own identity.
D) All of the answers are correct.
13) Transformative use in a right of publicity case refers to
A) a use that transforms the plaintiff’s likeness into something the defendant can sell.
B) a use that is not a literal depiction of the plaintiff’s likeness but that adds creative
elements.
C) the judicial transformation of an appropriation claim into a right to publicity claim.
D) a use that takes a person who is a celebrity in one field and transforms that celebrity
to another field; like making a musician into a TV actor.
14) One of the most important scholarly articles contributing to the legal recognition of a
right to privacy in the United States was published in 1890 in the Harvard Law Review and was
co-authored by
A) Warren and Brandeis.
B) Calvert, Kozlowski, and Silver.
C) Holmes and Smithfield.
D) Alito and Sotomayor.
15) A person whose photo is taken without her permission while she is walking down a
public sidewalk cannot successfully sue for public disclosure of private facts but could
successfully sue for
A) false light invasion of privacy.
B) trespassing.
C) intrusion.
D) none of the answers is correct.
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16) The intrusion tort differs from other rights to privacy torts (appropriation, public
disclosure of private facts, and false light) because
A) publication of information is not required to establish a legitimate cause of action for
intrusion.
B) intrusion is recognized in only a minority of the states in the nation.
C) while litigation in the other three tort areas has grown sharply in the past two
decades, the number of intrusion cases has dropped sharply.
D) only celebrities or well-known individuals can successfully sue for intrusion.
17) The Booth rule is applicable in which of the four varieties of invasion of privacy?
A) appropriation
B) intrusion
C) private facts
D) false light
18) In order to sue for publication of private facts, the plaintiff must demonstrate the
revelation of the private facts were:
A) highly offensive to the plaintiff.
B) highly offensive to a reasonable person.
C) highly offensive to the average person.
D) highly offensive to the judge.
19) A woman is filmed swimming in a backyard swimming pool in a revealing bikini. When
determining if she can sue, the court would consider
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A) if the woman had a reasonable expectation of privacy.
B) if the woman could be easily observed from the surrounding area such as a public
sidewalk.
C) the size, location, and layout of the fence around the backyard.
D) all of the answers are correct.
20) For the purposes of an appropriation suit, which of the following is not likely to be
considered a commercial use?
A) a newsletter for a non-profit organization describing a recent fundraising speech
given by a famous celebrity
B) a picture of the Supreme Court Justice Ruth Bader Ginsburg’s face printed on her
personal coffee mug
C) a commercial run at 8:00 p.m. for a broadcast news’ 10:00 p.m. story on the opening
of a local water park
D) None of the above are likely to be considered a commercial use.
21) When Lindsay Lohan sued Rockstar Video games over a character who appeared in
“Grand Theft Auto V” she lost the case because the court ruled:
A) the use of her image was not highly offensive.
B) the use of her image was transformative.
C) the character was not based on Lohan’s “likeness.”
D) video games were not a commercial use.
SHORT ANSWER. Write the word or phrase that best completes each statement or
answers the question.
22) Discuss briefly whether American courts consider it possible for a well-known person to
pass on his or her right of publicity to an heir.
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23) What are the circumstances in which written consent may not suffice as a defense in an
appropriation case?
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Answer Key
Test name: chapter 7
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