The Right of Privacy and the Right of Publicity It’s not just about tabloids and fame Heather Briston Special Collections and University Archives University.

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Presentation transcript:

The Right of Privacy and the Right of Publicity It’s not just about tabloids and fame Heather Briston Special Collections and University Archives University of Oregon

Right of Privacy State Law Four Different Actions “intrusion into seclusion” “public disclosure of private facts” “false light” “appropriation”

Archives, Museums and Privacy Defenses available Death Consent, preferably in writing Newsworthy Presumption of privacy Medical or psychiatric records Information obtained during a client relationship

Right of Publicity State Law “Unauthorized commercial use of a person’s name, likeness, or other personal attribute.” In some states only extended to “celebrities” who have exercised a commercial interest in their persona.

Archives, Museums and Publicity Defenses available Consent, preferably in writing Newsworthy Death may not be a defense

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