Joe Dickerson & Associates, LLC v. Dittmar

Summary

The Colorado Supreme Court recognized invasion of privacy by appropriation of another's name or likeness as a cognizable tort under Colorado law. It held that a plaintiff seeking personal damages need not prove that her identity had commercial value. The court nevertheless held that publication of the plaintiff's name and photograph in an article concerning her crime and felony conviction was newsworthy and protected by the First Amendment, requiring summary judgment for the defendant.

Holdings

1. Colorado recognizes the tort of invasion of privacy by appropriation of an individual's name or likeness.
2. The elements of invasion of privacy by appropriation are: (1) the defendant used the plaintiff's name or likeness; (2) the use was for the defendant's own purposes or benefit, commercially or otherwise; (3) the plaintiff suffered damages; and (4) the defendant caused the damages. A plaintiff seeking only personal damages need not prove that her identity had commercial or exploitable value.
3. A truthful publication of a plaintiff's name and likeness in connection with an article concerning the plaintiff's felony conviction is privileged under the First Amendment when the use is made in the context of, and reasonably relates to, a newsworthy matter or matter of legitimate public concern.

Questions Presented

1. Whether Colorado recognizes the tort of invasion of privacy by appropriation of another's name or likeness.
2. Whether a plaintiff seeking only personal damages must prove that her name or likeness has exploitable or commercial value.
3. Whether publication of a plaintiff's name and likeness in a truthful article concerning her felony conviction is privileged under the First Amendment.

Disposition

reversed_and_remanded