Alabama

Intrusion: In Alabama, a photographer can be liable for wrongful intrusion if he intentionally intrudes upon the solitude or seclusion of another if that intrusion would be highly offensive to a reasonable person. When a photographer took a picture of a group of men sitting at a greyhound race, a judge found the photographer was not liable for intrusion, because the men were in a public place where they could not have expected to be ‘secluded.’ Further, the photograph taken was not ‘highly offensive.’ Schifano v. Greene County Greyhound Park, Inc., 624 So.2d 178 (Ala. 1993).

Private facts: Privacy rights are individual rights and cannot be asserted by the relatives of a dead person. Fitch v. Voit, 624 So.2d 542 (Ala. 1993). Further, those who are public figures either by choice or by circumstance have waived their right to privacy at least so far as the information published or broadcast is of a legitimate public interest. Abernathy v. Thornton, 83 So.2d 235 (Ala. 1955).

False light: A photograph of men sitting at a greyhound race depicted normal activities and did not place them in a false light. The men implicitly consented to the photograph by not objecting to the photographer’s presence. Schifano v. Greene County Greyhound Park, Inc., 624 So.2d 178 (Ala. 1993). A photo taken of a woman whose dress blew up as she left a funhouse was an invasion of her privacy, because although the photo was taken in a public place, it depicted her at a moment when her status involuntarily changed to one which would embarrass a person of reasonable sensitivities. Daily-Times Democrat v. Graham, 162 So.2d 474 (Ala. 1964).

Misappropriation: A photograph of men sitting at a greyhound race and used for advertising purposes was not found to be misappropriation because no unique quality or value was found in the photograph, and the men implicitly consented to the photograph being taken. Schifano v. Greene County Greyhound Park, Inc., 624 So.2d 178 (Ala. 1993).