Photographers' Guide to Privacy

Maine

Maine recognizes the four privacy torts.

Intrusion: In pursuit of an interview with a man who fell from an airplane, a tabloid reporter who repeatedly visited the mans house then followed him to a restaurant might have proved annoying but was not acting in a highly offensive manner. If taking a photograph in a public place cannot be an intrusion, then an attempt to take such a photograph cannot create liability either. Dempsey v. National Enquirer, 702 F. Supp. 927 (D. Me. 1988).

Misappropriation: A photograph of an Indian baby reprinted from a book that was being reviewed was not a misappropriation because the photograph was not altered and did not materially benefit the newspaper. Nelson v. Maine Times, 373 A.2d 1221 (Maine 1977).


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