Under N.Y. Civ. Rights Law §§ 50 and 51 (McKinney 2011), has our client, Thierry Rodriguez (“Rodriguez”), violated Sebastian Forrest’s (“Forrest”) right of privacy when Rodriguez: (1) designed a logo for his tattoo studio with an image resembling Forrest singing in the role of Bono in a U2 cover band; (2) displayed the logo on the window of his studio, along with the name of the shop; and (3) used the logo in promotional material and his website?
Brief Answer Probably no. A court likely would not find Rodriguez guilty of violating Forrest’s right of privacy. N.Y. Civ. Rights Law §§ 50 and 51 state that “a person that uses for advertising purposes, or for the purposes of trade, the name, voice, portrait, or picture of any living person
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U2 is an Irish rock band that has a global fan base. Bono has a familiar likeness, traditionally wearing sunglasses and a military cap in public. Rodriguez promotes his tattoos to the New York music scene. Recently, Rodriguez designed a studio logo, depicting a man singing whilst wearing sunglasses and a military hat. The storefront of his studio displays the logo, along with the name of the shop. Rodriguez invested $5,600 in his logo development and marketing rollout. The logo and shop name appear on Rodriguez’s website and promotional material, which includes business cards, flyers, and t-shirts. Forrest claims that the image is a depiction of Forrest singing, noting that Rodriguez attended one of Out of Control’s gigs at the Brooklyn Bowl, as evidenced by Rodriguez’s Facebook calendar.
Discussion
Our client, Rodriguez, seeks legal advice regarding whether a court might find that his logo constitutes a violation of Forrest’s “right of privacy.” Regarding the “right of privacy,” N.Y. Civ. Rights Law §§ 50 and 51 state that “a person that uses for advertising purposes, or for the purposes of trade, the name, voice, portrait, or picture of any living person without having first obtained the
In Walker III v. Texas Division, Sons of Confederate Veterans (2015), attorney Scott Keller argues on behalf of the petitioner—Walker III (Walker)—and attorney Roger George represents the respondent—Texas Division, Sons of Confederate Veterans (SCV). The case concerns the constitutionality of a decision made by the Texas Department of Motor Vehicles Board (the DMV Board) to reject the specialty license plate designs submitted by SCV and its members, and addresses possible violations of the First and Fourteenth Amendment. Four contentions surround the issue: the form of speech embodied by the specialty license plate program; State control over the content of specialty license plates; specialty license plates as a limited public forum; and, ultimately, the potential violation of the First Amendment’s Free Speech Clause and the Fourteenth Amendment’s guarantee of “viewpoint neutrality.” Justice Breyer delivers the opinion of the Court, affirming the plates as government speech. However, Justice Alito, joined by the Chief Justice, Justice Scalia, and Justice Kennedy, Justice Alito dissents, concerned with. the Court’s broad interpretation of government speech.
Facts: Plaintiffs Carl and Elaine Miles, owners and impresarios of “Blackie, The Talking Cat” brought a lawsuit in U.S. District Court for the S.D. Georgia, challenging the constitutionality of the Augusta, GA, Business License Ordinance. They complained that the ordinance was inapplicable in their case “accepting contributions from pedestrian in the downtown Augusta area, who wanted to hear the cat speak “and that the ordinance violates the rights of speech. The Plaintiffs attacked the ordinance as being unconstitutional and overbroad in contravention of the due process clauses of the Fourteenth Amendment.
Over five years have passed since high school senior Joseph Frederick was suspended for 10 days by school principal Deborah Morse after refusing her request to take down a 14-foot banner he was displaying at a school-sanctioned event which read “BONG HiTS 4 JESUS.” Born as a seemingly trivial civil lawsuit in which Frederick sued the school for violating his First Amendment rights to free speech, the case made its way up to the U.S. Supreme Court, and the long-awaited ruling of Morse v. Frederick has finally been released. In a 5-4 split decision, the court ruled in favor of Morse and upheld the school board’s original ruling that Morse was acting within her rights and did not violate Frederick’s First Amendment rights by taking away his
I found the photograph on a BuzzFeed.com. It was located on a page called “24 Photos of Seniors Who Are Young at Heart”. This photo could have 2 potential audiences. The first audience is the elderly, because they would be instantly attracted to the photos classic black and white color scheme and the two people (the focal point) are old too. But, this is very unlikely due to the fact that it was found on Buzzfeed. Buzzfeed is an online news and media website that is designed to be both youthful and immensely diverse. Buzzfeed is constantly publishing new content which ranges from general news to videos and quizzes. The majority of the websites content is solely for entertainment and humor. BuzzFeed is a company that represents todays youth and the evolution of their ideologies. Therefore, the intended audience would be young open-minded tech savvy adults who are looking for some humor and life inspiration. Many audiences might take offence to the photo but BuzzFeed’s audience will appreciate the meaning and humor of
In the “No right to privacy” 2017 editorial cartoon by Scott Stantis published on the Chicago Tribune, shows an old man (Uncle Sam) angrily holding onto a phone. The jet-black phone has a popped up question that reads “Do you want to give up your right to privacy?” Under this question, there are some options that say, “Yes. You bet. and Absolutely!” An old man with white hair, a big nose, a goat tee and a drooping lower lip is then shown looking mad pointing towards the phone. He has a red and white stripped bow tie and a blue and white starred suit. On top of his head shows a thought balloon that reads in capital letters “Where’s ‘no’?”
The argument that has arisen due to the “St. Cloud Superman,” John Fillah, is quite unfortunate. Fillah was documented to have been wielding an offensive flag, but with only the intent of instilling patriotism and pride (Farhat). This flag toting may be considered hurtful, upsetting even, but that doesn’t mean that his right to free speech should be taken away. Free speech should protect the rights to someone displaying a flag, or any symbol that certain races, religions, genders, or people in general may find offensive. I will present the First Amendment, how Fillah’s intent should play into this, and how ignoring him may be the best course of action.
“Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves”(Reagan). In the book, 1984, Winston recognizes the power the government has over the citizens of Oceania. The citizens lack privacy from the government. George Orwell warns society about a government with total control in 1984. Based on Dana Hawkin’s article, “Cheap Video Cameras Are Monitoring Our Every Move”, as well as Beech Etal’s, “The Other Side of the Great Firewall”, society may truly have something to fear in the form of surveillance and information manipulation.
Is anyone’s private information contained in their cell phone actually private? Are appointments, bank information, conversations, the user’s location or other sensitive personal information truly confidential? Is there a Big Brother watching? There is no definitive answer to any of these questions. From the beginning of time to now, privacy has become more and more scarce. Through new developments in technology, it is hard to believe that someone is not watching your move at any given moment. The government’s job is to keep Americans safe, but where is the line drawn? Where is the difference between having a reasonable doubt and accessing information solely because these government officials have the power to do so? The government has infringed upon the rights of the American people when it comes to this topic.
The freedom of speech guaranteed by the First Amendment preserves not only an individual’s right to engage in communication, but as will be presented, also their means to do so. Accordingly, tattoos, and by extension the act of
The legal issues, in this case, is the defendant, who published the story about the plaintiff, liable for defamation of character and invasion of privacy? The matter of whether Baba Wawa is guilty of defamation happens when she publishes a photo of Howard Huge implying that he was mad and choking the dog. Beauty Queen was cringing and then goes on to make a statement that couple declined to permit the dogs to be seen and that no one had seen the dogs since the photos were taken. The publication and statement ruin the couple’s image. Their friends are avoiding them, and they are not enabling them to show the dogs. There is also an issue of whether the Star News is guilty of defamation by allowing Baba Wawa to distribute the story using their publication. The matter of whether Baba Wawa is guilty of invasion of privacy occurs when she takes pictures of the two without their permission.
According to Dictionary.com confidentiality is “the right of an individual to have personal, identifiable medical information kept private.” The definition for this term is widely known in health care, but when it is applied to adolescents many people do not understand the basics. Doctors are responsible for informing adolescent patients and their parents the privacy a minor is given according to federal and state laws, but in some cases doctors fail to do so. This results in the misunderstanding of minor’s privacy rights, which can lead to the adolescent patient not disclosing significant information, and the parents assuming they have the right to all of their child’s medical records. Because of this, it is important for adolescents and their parents to understand the nature of confidentiality in health care.
The founding fathers of the United States of America fought hard to achieve an independent nation. An independent nation containing freedoms and rights for citizens that only the constitution can guarantee. One of the crucial rights guaranteed to U.S citizens today is the right to privacy, or the right to be left alone according to Brandeis and Warren. The right to privacy is not specifically mentioned in the constitution, it is however mentioned in the bill of rights. The bill of rights is the first ten amendments of the constitution, which protects many civil rights and liberties of all U.S citizens. The debate today is whether the constitution protects the privacy of citizens from being regulated and invaded by federalism.
In 1787, the constitution was born. The constitution has been America’s guideline to the American way of life. Our US constitution has many points in it to protect America and it’s people from an overpowered government, our economy, and ourselves. The only thing the constitution doesn’t directly give us, is our right to privacy, and our right to privacy has been a big concern lately courtesy of the National Security Agency (NSA).(#7) Although our constitution doesn’t necessarily cover the privacy topic, it does suggest that privacy is a given right. Some people say that the right to privacy was so obvious, that our founding fathers didn’t even feel the need to make a point about it.(#9) It also didn’t help
How different countries and organizations are approaching privacy issues along with my predictions how it will unfold the future
First of all, it is important to know the definition of privacy, it is the right to control who knows what about you, and under what conditions. The right to share different things with the people that you want and the right to know that your personal email, medical records and bank details are safe and secure. Privacy is essential to human dignity and autonomy in all societies. If someone has committed a physical intrusion, or, in discussing the principal question, has published embarrassing or inaccurate personal material or photographs of the individual taken without consent, he is invading their right of privacy, which is in the article eight of the European Convention on Human Rights.