Notes for Week of 3/5
Notes for Week of 3/5 TRF 637
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This 2 page Class Notes was uploaded by Aaron Fuller on Wednesday March 9, 2016. The Class Notes belongs to TRF 637 at Syracuse University taught by R. Gutterman in Spring 2016. Since its upload, it has received 12 views. For similar materials see Telecommunications Law & Policy in Communication at Syracuse University.
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Date Created: 03/09/16
TRF 637 Comm. Law & Policy Invasion of Privacy - Civil, monetary damages - Example: Erin Andrews case o $75 million in damages, hotel room secretly rerecorded video, Andrews sues hotel and Michael David Barrett - part of body of state law (NY) - commercial appropriation – use of image or likeness - false light – putting something in different context - intrusion – - publication of private facts – Statutes - Health Insurance Portability and Accountability Act (HIPAA) - Family Educational Rights and Privacy Act (FERPA) o a Federal law that protects the privacy of student education records - financial records - choice of law - outrageousness - offensive to a reasonable person - reasonable expectation of privacy - consent o express o implied - GA shield law – protects info about sexual assault victims - Court categorized info as lawfully obtained truthful information Costanza v. Seinfeld - Michael Costanza sued Jerry Seinfeld, Larry the National Broadcasting Company, Inc. and the production companies for $100 million, for violation of being cast in a false light, invasion of privacy and defamation. - NYS Invasion of Privacy Law – prohibits use of person’s name, picture without expressed written consent - Statue of limitation is one year (defamation and privacy) - Ex: Johnny Cochran, Girls Gone Wild - Quasi public/places and events – Mall, Donald Trump rally Freedom of information laws only apply to government agencies “Borat” – mockumentary - 45 lawsuits - release forms for people filmed, they also were paid “Super Size Me” - If McDonalds sued for defamation they would have to reveal information that could hurt them in order to prove claims from the film are false
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