nsashop.blogg.se - Tom selleck playgirl magazine centerfold

knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods. Under § 3344(a), a plaintiff has a cause of action when "any person. Solano alleges statutory misappropriation of his right of privacy under California Civil Code § 3344 as well as common law commercial misappropriation invasion of privacy.In Harte-Hanks, the Supreme Court explained the actual malice standard: Go to As we noted in Eastwood, proving actual malice by clear and convincing evidence is a heavy burden, "far in excess of the preponderance sufficient for most civil litigation." 123 F.3d at 1252. Superior Court, 22 Cal.3d 672, 150 Cal.Rptr.

Specifically, Solano must show that Playgirl "either deliberately cast statements in an equivocal fashion in the hope of insinuating a import to the reader, or that knew or acted in reckless disregard of whether words would be interpreted by the average reader as statements of fact." Good Gov't Group of Seal Beach, Inc. A failure to set forth specific facts showing such malice is a proper ground for summary judgment. Consumers Union of United States, Inc., 466 U.S. The third element necessary to establish a claim for false light, therefore, is the constitutional requirement of actual malice.

Although Solano has established a genuine issue as to whether the cover created a false impression, to survive summary judgment he must, as a public figure, also establish by clear and convincing evidence that Playgirl's editors knowingly or recklessly created this false impression.

It extends also to the use of names, likenesses or facts in giving information to the public for purposes of education, amusement or enlightenment, when the public may reasonably be expected to have a legitimate interest in what is published." Shulman v. "ewsworthiness is not limited to `news' in the narrow sense of reports of current events. Courts are, and should be, reluctant to define newsworthiness." Lerman v. "ven `vulgar' publications are entitled to such guarantees.

We do not accept Solano's argument that Playgirl is not a news magazine and thus cannot contain content that may be deemed newsworthy.