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RIGHT TO PRIVACY LAW.
  Term Paper ID:26200 		Get This Paper Free! or
Essay Subject:
Examines right to privacy, public access vs. public interest, copyright, publication, examples.... More...
5 Pages / 1125 Words
6 sources, 11 Citations, APA Format
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Paper Abstract:
Examines right to privacy, public access vs. public interest, copyright, publication, examples.

Paper Introduction:
Zacchini v. Scripps-Howard Broadcasting Company: Copyright and Public Access Public Access or Public Interest? What is public information and what kinds of information are copyrighted? In the age of the Internet where literally millions of pages of documents are available through the use of a modem, a search engine, and a browser, this is a question that needs to be answered. Why? Because what may be legally defined as public information vis-á-vis a database, might in some way be protected under the law. It might be convenient to be able access all the names and phone numbers of out-of-town relatives from a computer desktop. But by doing so, is the letter of the law being violated in reference to our right to privacy? What informati

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at 565-66 & n.8 (applying copyright analysis only to "verbatimquotes" from the biography, and excluding from infringement considerationhistorical quotations attributed to third parties and to governmentdocuments). 562, 569 (1977),can be considered one jumping off point, where the courts of the UnitedStates began to more closely define what is, and what is not consideredpublic information.Definition of Privacy Privacy, in the parlance of common sense, is the expectation thatconfidential personal information disclosed in a private place will not bedisclosed to third parties. What is public information and what kinds of information arecopyrighted? O. See also id., at 569. [On-line]. House of Representatives. ReviewingSupreme court cases can be done most efficiently from www1.law.emory.edu/(Information, 1997). 3. [On-line].Available: http://www1.law.emory.edu/ The Law of Information Privacy. Somewhere between the rights of privacy and the rights ofcopyright, lies a questionable area of public access to work or art createdby an individual. Why? Zacchini v. But by doing so, is the letter of the law being violatedin reference to our right to privacy? An excellentsite to search out information on privacy issues is www.nolo.com/ (Selfhelp law center, 1998). Part of the reason for the delay in recognizing privacy as afundamental right is that most modern invasions of privacy involve newtechnology (e.g., telephone wiretaps, microphones and electronic amplifiersfor eavesdropping, photographic and video cameras, computers forcollecting/storing/finding information). In a privacy action the information is generallytrue, but the information created a false impression about the plaintiff.An outstanding Internet site to view privacy issues can be found atwww.csun.edu/~hbact447/thesis/full_text.html (Right to privacy in...,1997).Copyright Definition A copyright is a legal device that provides the creator of a work ofart or literature, or a work that conveys information or ideas, the rightto control how the work is used. [On-line]. Emory University School of Law. Available: http://www.epic.org/misc/gulc/ Law library. * distribution right -- the right to initially sell or otherwisedistribute copies to the public. 4. In the age of the Internet where literally millions of pagesof documents are available through the use of a modem, a search engine, anda browser, this is a question that needs to be answered. A successful defamation action requires that theinformation be false. There isno legally defined protection for information that either is a matter ofpublic record or voluntarily disclosed in a public place. Either a database or a human cannonball actcan be viewed from a distance and reported on. As a practical matter, celebrities generally sue under the right ofpublicity, while ordinary citizens sue under privacy. References Hendrick & Lewis. Scripps-Howard concerned the legality of a news service'sairing of film of an individual's paid human cannonball performance,against the wishes of the performer. 13. Appropriation of a person's name or likeness; successfulassertions of this right commonly involve defendant's use of a person'sname or likeness on a product label or in advertising a product or service. The Court expressly noted that the right of publicity would not serveto prevent reporting of facts about the cannonball act, as opposed todisplay of the act itself in its entirety, id., at 574, and that the rightwas analogous to copyright's protection of original expression, id., at 577n. It is generally agreed that the firstpublication advocating privacy was the article by Warren and Brandeis, TheRight to Privacy, 4 Harvard L.R. (1998). * right to create adaptations (or "derivative works") -- the right toprepare new works based on the protected work. 2. Another example wouldbe direct quotations from former President Ford's biography being subjectto copyright, whereas the historical facts contained in that biography arenot subject to copyright and could be freely copied. This takes us straight to the legal territory wheredatabases and circus performances coexist. The Copyright Act of 1976--the federallaw providing for copyright protection--grants authors a bundle ofintangible, exclusive rights over their work. Nolo.Com [On-line]. See Harper & Row, 471U.S. GeorgetownUniversity Law Center. Available:http://www.nolo.com. H.R. Zacchini v.Scripps-Howard is the direct antecedent of this law. 2652, was recently passed in the 1998Congress. Personality, Persona, and PublicityRights. Unreasonable intrusion upon the seclusion of another, forexample, physical invasion of a person's home (e.g., unwanted entry,looking into windows with binoculars or camera, tapping telephone),searching wallet or purse, repeated and persistent telephone calls,obtaining financial data (e.g., bank balance) without person's consent,etc. However, to view and reporton the particulars of these creations, is protected under law.A Further Step In order to protect the creators of databases, the Collections ofInformation Antipiracy Act, H.R. The right of privacy has only recently received legal recognition andis still an evolving area of law. Information is interpreted broadly to includefacts, images, and opinions. (1998). Scripps-Howard Broadcasting Company: Copyright and Public AccessPublic Access or Public Interest? Publication of private facts, for example, income tax data,sexual relations, personal letters, family quarrels, medical treatment,photographs of person in his/her home. These rights include the: * reproduction right -- the right to make copies of a protected work. U.S. It might be convenient to beable access all the names and phone numbers of out-of-town relatives from acomputer desktop. The object of H.R. (1997). 383(196 ), which Prosser subsequently entered into the Second Restatement ofTorts at 652A-652I (1977) (The law of information..., 1998). A similar concept is the "right of publicity" in Restatement (Third)Unfair Competition 46-47 (1995). The right of privacy, legally speaking, isrestricted to individuals who are in a place that a person would reasonablyexpect to be private (e.g., home, hotel room, telephone booth). The caseof Zacchini v. If someone wrongfully uses the material covered by thecopyright, the copyright owner can sue and obtain compensation for anylosses suffered. Available:http://www.hllaw.com/docs/personal.htm Information. * performance and display rights -- the right to perform a protectedwork, or display a work in public. A good place to review thismaterial would be at www.epic.org/misc/gulc/. An author's copyright rights may be exercised only by the author--orby a person or entity to whom the author has transferred all or part of hisor her rights. (1997, December 15). What information is consideredpublic access, and what information is protected under the law? The salient fact here is that the right of publicity does not serveto prevent reporting of facts about an action, as opposed to public displayof action (i.e., a cannonball act) in its entirety. The distinction is that privacy protectsagainst "injury to personal feelings," while the right of publicityprotects against unauthorized commercial exploitation of a person's name orface. Both can be abused or used with or withoutthe permission of the creator. Becausewhat may be legally defined as public information vis-á-vis a database,might in some way be protected under the law. In inner connection between copyright and public access is that bothpertain to singular creations. Yale Lewis, Jr. Publication that places a person in a false light, which issimilar to defamation. Because privacy is an emerging right, a discussion of privacy istypically a list of examples where the right has been recognized, insteadof a simple definition. Prosser, in both his article and in the Restatement(Second) of Torts at 652A-652I, classifies four basic kinds of privacyrights: 1. [On-line].Available: http://law.house.gov/ Right to privacy in the age of telecommunication. Privacy can be discussed in two differentdirections: the nature of the right and the source of the right (e.g., caselaw, statute,Constitution). Both can be the creation of asingle individual, and both are equally protected.Databases and Copyright Zacchini v. The case therefore involvedprotection of a depiction of the performer's original performance, a "fact"the performance that existed only because of the performer's own efforts. To review recentlegislation passed by Congress, refer to law.house.gov/ (Law library,1998). A comprehensive article on copyrightissues can be accessed at www.hllaw.com/docs/personal.htm (Hendrick &Lewis, 1997). (1997).[On-line}.Available: http://www.csun.edu/~hbact447/ thesis/full_text.html Self Help Law Center. 2652 would imposeliability upon anyone who extracts, or uses in commerce a collection ofinformation gathered, organized, or maintained by another person throughthe investment of substantial monetary or other resources so as to causeharm to the actual or potential market of that other person. 2652 is to provide a quasi-property right incertain collections ofinformation that required great effort to compile. Scripps-Howard Broadcasting Co., 433 U.S. 193 (189 ). However, the codification ofprinciples of privacy law waited until Prosser, Privacy, 48 Cal.L.Rev. (1997).

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