Photographers' Guide to Privacy

Georgia

Georgia recognizes the four privacy torts.

Intrusion: Filming a prisoner was not intrusive when it was done from a public view. Cox Communications v. Lowe, 328 S.E.2d 384 (Ga. Ct. App.), cert. denied, 474 U.S. 982 (1985).

Private facts: A photo of an exotic dancer that mistakenly was used for an advertisement in a magazine was not private or embarrassing. Cabaniss v. Hipsley, 151 S.E.2d 496 (Ga. Ct. App. 1966).

A woman whose breast was photographed with her permission, but depicted anonymously, at a body piercing shop became involved in a dispute with the shop after an advertisement that included the photograph ran without the shops or the womans permission. The woman later sued a newspaper for publishing the photograph along with her name -- taken from court records -- as part of its coverage of the dispute. A conditional privilege protecting republication of the contents of court reports precluded the womans invasion of privacy claim against the newspaper. Munoz v. American Lawyer Media, No. A98A2351 (Ga. Ct. App. Feb. 15, 1999).

False light: There was no false portrayal of a blind street musician when his photograph was used to illustrate a record album cover. Brown v. Capricorn Records Inc., 222 S.E.2d 618 (Ga. Ct. App. 1975).

Misappropriation: A street musician whose photograph was used to illustrate a record album cover could make a misappropriation claim. Brown . Capricorn Records Inc, 222 S.E.2d 618 (Ga. Ct. App. 1975).


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