Photographers' Guide to Privacy

Tennessee

Although Tennessees courts have rejected most privacy claims, they have implicitly recognized the four torts. The state also has a misappropriation statute. Tenn. Code Ann. §§ 47-25-1101 et seq.

Private facts: A network was not liable for publicizing the fact that a woman was a nude dancer because her activities were open to the public. Puckett v. ABC Inc., 917 F.2d 1305, 18 Med. L. Rptr. 1429 (6th Cir. 1990).

False light: A nude dancer shown in a news program dancing at a club where drugs, sex, and contract murders were available did not state a false light claim because the dancer was accurately shown as a "nude female dancer in a seedy and crime-infested bar." Puckett v. ABC Inc., 917 F.2d 1305, 18 Med. L. Rptr. 1429 (6th Cir. 1990).

Misappropriation: The merely incidental depiction of a nude dancer in a news report about crime in the club where she danced was not a commercial appropriation of her likeness. Puckett v. ABC Inc., 917 F.2d 1305, 18 Med. L. Rptr. 1429 (6th Cir. 1990).


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