Legal Question in Intellectual Property in Utah

Privacy law

Hi, I found your website and have a question.

When somebody posts with real name on a message board some private information, has a newspaper a right to pick it up and publish it to re-publish it to its readers?

And if a reporter takes photos of a person under false promises and deception (promised to use the photos for a different article than he at the end published) what laws help the person do to get the negative and photos back from the paper?

You you know some case law here for Utah or in general?

Thanks,

--name removed--


Asked on 6/21/04, 1:10 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Privacy law

The answer depends on who posted the information, you or someone else. If you posted it, then the paper can use it. Most internet sites are public, and information in the public arena can be republished. If someone else posted it, the paper has a duty to make sure the info is true. If not true both the person and the paper may be liable for damages. The photos may or may not be used, depending on the agreement at the time they were taken. There must be an agreement - not just your understanding. If there were restrictions placed on the use of the photos, and if they were violated, then you can sue the paper. If you are person of public interest or notoriety, your information and pictures can probably be used without your permission as long as true and not prejudicial.

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Answered on 6/21/04, 2:19 pm


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