Michigan

Michigan recognizes the four privacy torts.

Private Facts: A photograph of undercover narcotics agents that was taken as they entered a courthouse to testify did not disclose private facts because it was taken in a public place and accompanied a news article about a political and philosophical controversy. Ross v. Burns, 612 F.2d 271 (6th Cir. 1980).

False Light: A police officer brought suit against a newspaper for defamation and false light invasion of privacy when it published a photograph identifying him as the officer who had stalked a former lover. His claim failed because he was a public figure and could not prove the newspaper acted with actual malice. Tomkiewicz v. Detroit News, Inc., 635 N.W.2d 36 (Mich. App. 2001).

A group of Shriners could not sue Newsweek for false light for selling a photograph for use on an album cover because the magazine was not actively involved in designing the album cover. Morris v. Boucher, 15 Med. L. Rptr. 1089 (E.D. Mich. 1988).

Retouched photographs of a woman were published to illustrate articles on prostitution. The woman would have grounds for a false light claim if she were identifiable from the pictures, despite the fact that she was photographed in a public place. Parnell v. Booth Newspapers Inc., 572 F.Supp. 909 (W.D. Mich. 1983).

Misappropriation: A group of Shriners could not sue Newsweek for misappropriation of a photograph it sold to a band that used the picture on an album cover, because the magazine was not involved in the promotion or sale of the album. Morris v. Boucher, 15 Med. L. Rptr. 1089 (E.D. Mich. 1988).