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The Intellectual Property StrategistKickerSectionsNewsLJN Newsletters

A Negative Light

By Joel B. Rothman
September 29, 2009

The right of privacy is generally divided into three categories: the right to be left alone, embarrassing disclosures, and false light invasion. Commercial use of the private information is not required. False light invasion of privacy occurs when publicity places a person in a false light before the public, such as the use of a person's name or picture without consent, in the form of a major misrepresentation that would give offense to a reasonable person.

Section 652E of the Restatement (Second) of Torts defines the traditional false light claim as:

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