Alabama
Intrusion: A group of men who were photographed while sitting in public at a greyhound race were not intruded upon because they were not secluded, and the photograph taken of them was not highly offensive. Moreover, the men consented to being photographed by not objecting or moving when the photographer appeared and began taking pictures. Schifano v. Greene County Greyhound Park, Inc., 624 So.2d 178 (Ala. 1993).
Private facts: The right of privacy has been characterized as personal to an individual, and consequently, the family of a deceased woman whose photograph illustrated an article on cancer care could not sue for invasion of privacy. The publication of the photograph also was not outrageous enough to support an intentional infliction of emotional distress claim. Fitch v. Voit, 624 So.2d 542 (Ala. 1993).
The mother of a deceased parolee could not sue for publication of private facts when photographs of her son were published because her son was a public figure. Abernathy v. Thornton, 83 So.2d 235 (Ala. 1955).
False light: A photograph used for advertising that included men at a greyhound track merely depicted a normal scene and, thus, was not offensive. In addition, the men implicitly consented to the taking of the photograph by not objecting to the photographers presence when the pctures were taken. Schifano v. Greene County Greyhound Park, Inc., 624 So.2d 178 (Ala. 1993).
Even though a news photograph of a woman at a "funhouse" with her skirt blown up was taken in a public place in public view, an invasion of privacy occurred because the woman involuntarily placed herself in a position that an ordinary person would find embarrassing. Daily-Times Democrat v. Graham, 162 So.2d 474 (Ala. 1964).
Misappropriation: No unique quality or value was found in the likenesses of a group of unidentified men pictured in a racetrack advertising photograph, and the men implicitly consented to being photographed by not objecting. Schifano v. Greene County Greyhound Park, Inc., 624 So.2d 178 (Ala. 1993).