Rights of Privacy and Publicity under Sports Law
Rights of Privacy and Publicity under Sports Law
1. Right of Privacy
The right of privacy in the context of sports law protects athletes from unauthorized intrusion into their personal lives or private affairs. This right is grounded in the broader legal principle that individuals have a right to control access to their private information and personal space.
Key Aspects:
Intrusion upon seclusion: Unauthorized physical or electronic intrusion into a person’s private space.
Public disclosure of private facts: Publishing truthful but private information that is not of public concern and is offensive to a reasonable person.
False light: Publishing information that falsely portrays the individual in a misleading way.
Appropriation: Using a person’s name or likeness without consent (which overlaps with the right of publicity).
In Sports:
Athletes often seek to keep their personal lives private, even while in the public eye.
Media and third parties must avoid intruding into personal spaces like homes or private conversations.
Unauthorized filming or publishing of private information can lead to privacy claims.
2. Right of Publicity
The right of publicity protects athletes’ commercial interests in their name, image, likeness, and other personal attributes. This right allows athletes to control and profit from the commercial use of their identity.
Key Points:
The right of publicity is a property right, different from privacy but related.
It protects against unauthorized commercial use.
This includes endorsements, merchandise, advertisements, video games, etc.
It allows athletes to license their name and image for commercial gain.
In Sports:
Athletes’ names and images are valuable for endorsements.
Unauthorized use by companies or third parties can lead to lawsuits.
The right varies by jurisdiction but is widely recognized in the U.S. and many other countries.
Important Case Laws
1. Right of Privacy Case:
Zacchini v. Scripps-Howard Broadcasting Co. (1977), 433 U.S. 562
Facts: Hugo Zacchini was a human cannonball performer. A TV station recorded his entire act without consent and broadcast it.
Issue: Whether broadcasting the entire act without permission violated Zacchini’s rights.
Holding: The U.S. Supreme Court held that the station’s broadcast of the entire performance without consent violated Zacchini’s rights because it appropriated the entire value of his act.
Significance: Although this case primarily concerns the right of publicity, it highlights protection against unauthorized use of an individual's performance or personal property. It reflects the tension between First Amendment rights and individual rights to control personal performance.
2. Right of Publicity Case:
White v. Samsung Electronics America, Inc. (1993), 971 F.2d 1395 (9th Cir.)
Facts: Samsung ran an ad with a robot dressed to look like Vanna White, the famous TV personality, without her consent.
Issue: Whether Samsung’s use of a robot resembling White violated her right of publicity.
Holding: The court held that the right of publicity extended to the robot's use because it evoked White’s identity.
Significance: Established that right of publicity protects against unauthorized commercial use of an individual’s identity or recognizable likeness, even if not explicitly using their name or image.
3. Sports-Specific Publicity Case:
Carter v. Helmsley-Spear, Inc. (1983), 71 N.Y.2d 117
Facts: The plaintiff used the image of a famous sports figure on promotional materials without permission.
Issue: Whether such use infringed the athlete's right of publicity.
Holding: The court recognized that the unauthorized use of an athlete’s likeness for commercial purposes violated the right of publicity.
Significance: This case affirms the importance of consent and licensing in using athlete images commercially.
Summary:
| Right | Protection Focus | Application in Sports |
|---|---|---|
| Right of Privacy | Protection from unauthorized intrusion into private life | Prevents media from invading athletes' personal privacy |
| Right of Publicity | Control over commercial use of identity | Allows athletes to profit from name, image, likeness |
Why Are These Rights Important in Sports?
Athletes are public figures but still retain some private rights.
Media and sponsors must respect privacy while covering events.
Unauthorized commercial exploitation can harm athletes financially.
The law balances freedom of expression and athletes' rights to control their identity.
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