Know the definitions and rules. Be able to correctly recognize and apply them in hypothetical situations.
Know the legal DEFINITIONS for each of the four privacy torts, the DEFENSES against each one, the appropriate COURT CASES, and how each is treated under OKLAHOMA LAW.
APPROPRIATION (in general):
Private Right of Privacy vs. Celebrity Right of Publicity.
Zacchini v. Scripps Howard Broadcasting (1977)
Can catchphrases, nicknames, pictures and voices be used without consent?
Carson v. Here's Johnny Portable Toilets (6th Cir. 1983)
Midler v. Ford Motor Co. (9th Cir. 1988)
White v. Samsung Electronics of America, Inc. (9th Cir. 1992)
Cardtoons v. Major League Baseball Players Association (10th Cir. 1996)
APPROPRIATION (in Oklahoma)
Do Oklahoma's statutes protect against the use of a person's name, voice, signature, photograph, or likeness for advertising or trade purposes without consent?
Do Oklahoma's statutes create a property right that may be assigned or otherwise transferred before or after the person's death?
What criterion does Oklahoma's statute 12-1448 use to define "deceased personality"? In other words, what determines if a person's right of publicity survives his or her death under statutes 12-1448 and 12-1449?
Could the heirs of an unknown person whose name or likeness, etc. had no commercial value at the time of death still sue under statute 839.1-.3 for unauthorized use of that person's name or likeness after death?
Under Oklahoma's statutes, can a plaintiff sue merely because the name or likeness, etc. were used in material that is commerically sponsored or contains paid advertising? Why?
Under Oklahoma's statutes, what activities are exempted from claims of appropriation?
Are parody and satire protected in Oklahoma from claims of appropriation? Why?
Cardtoons v. Major League Baseball Players Association (10th Cir. 1996)