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Invasion of a Person’s Privacy: Law and Confidentiality

Introduction

It is unlawful to invade the private life of a person, and it is considered that individual privacy has been invaded when the information about it is obtained without his or her permission. Jan invaded the privacy of Tom by staking his home for several days. Jan goes ahead and takes a plastic bag of trash that was set for the next day’s collection to find out a story about Jan. Several old letters describing love affairs between Tom and Betty are found in the trash. All these actions are done without the consent of Tom who is a reasonable person hence, there is a violation of privacy. Moreover, Tom is against the action of printing an article about him from the first time he is requested by Jan. When Jan asks Tom for a comment after finding the old letters, Tom declines for the publication of their love affairs with Betty. Failure of Jan to respect the wish of Tom and going ahead in publishing the article implies that Tom’s privacy is invaded. Besides, the article that Jan wants to publish is about Tom’s love affairs. The love affairs between Jan and Betty were privately kept from the public. Therefore, it had no worth being shared with the public who were not in their relationship and because Betty was deceased. Publishing the love affairs could embarrass him and Betty’s children with the public.

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Not liable to Hellboy

The person innocently makes decal with the word Hellboy which is someone’s copyright. The user has no information that word Hellboy is protected hence not liable for Hellboy author. The person’s work is different from that of the author since the word is printed only on a toddler’s t-shirt. Therefore, the person does not copy the author but just uses the word Hellboy only from the author. Usage of the word on a toddler t-shirt does not affect the market value of the creator of the word. Market value for the author of Hellboy remains intact since the usage of the word is limited to only one toddler. The toddler does not influence the demand of people concerning the product of the original author. The person gains no commercial benefit by printing the word Hellboy on the toddler’s t-shirt. The word Hellboy is just a preference word to the person. Hence, the person not liable to the creator of Hellboy.

Defences on copyright infringement

The article in the magazine has a fair use of the contents in the article. A small portion of the work is derived from the publisher of Who Shot the Chef. In the publication, out of the 700 pages published by the author, the magazine only extracts a two-page excerpt. Hence, the magazine article has used less content from the publisher resulting in fair use. Parody of the person in creating new work. The creativity of a person enhances a new topic that is different from that of the original author. The person makes fun of the work written by the original author through criticism. The new article is written in such a way that it becomes hilarious to the public. Therefore, the article serves as a mimic and not interfering with the work of the author.

Liability of copyright infringement

The person is liable to the Hooked on Phonics author. Defendant knowledge on the existence of the original author makes the person liable for copyright infringement. Page to page analysis brings about copying of the content of the original author. The similarity in the articles of the person and the author results due to too much content from the other. Hence the person is liable to the Hooked-on-Phonics author. The publication of the article by magazines lessens the marketability of the Hooked-on-Phonics author. Publication of the article implies that a lot of information about Hooked-on-Phonics is disclosed to the public. Therefore, the need for purchasing the article from the original author declines due to too much information already displayed to the public. Also, the information contained in the article will reach many people faster than that of the original author. The reason is that the magazine conveys a message to a wide market range than the publication done by the author.

Stop using a colouring book

The constitution is against any person who advertises a product that encourages the use of any medical product. The coloring book features a character, Aspirin man, who becomes a superhero after swallowing XYZ brand aspirin. Through the Aspirin man, children are encouraged to use aspirin which is a medicine product to become heroes. Hence, the company is violating the law and runs a risk of being penalized. Moreover, the constitution is against selling to minor medicine products. Aspirin man helps children who are lost, victims of bullies and have a problem in school. Usually, the medicine is not prescribed for these purposes. Hence, the consumption of the product will be against the constitution since children are involved. The XYZ Company operates against the law since it features activities that violate the law. Working in the company means that an individual is taking a risk. Activities of the company attract a fine of $50,000 and a one-year jail. The penalty charged on the individual is costly than the amount received from marketing the product. Therefore, need to stop using coloring books that violate the constitution law.

Prosecution for marketing a pill

The state has passed a law against anyone who sells a pill that acts as a stimulant to the human nerve system without prescription. However, the person engages in the sale of a pill that contains two cups of coffee which are components of caffeine. Caffeine acts as a stimulant to the human nervous system. Engaging in the trade implies a violation of the state law which results in prosecution for marketing the pills. Moreover, the government wants to keep the stimulants from the hands of minors since it believes that caffeine pills cause learning disabilities. The market strategy contradicts this law in that, it aims at reaching the minors in the learning institution. Also, the targeted time is when the college campuses are engaging in exams which further implies that there will be interference in their learning. Hence, the marketing strategy violates the law.

The law is against anyone who trades pills with no prescription. The marketing strategy is aimed at promoting caffeine products. Trading caffeine is an illegal business according to the law. Engaging in marketing the caffeine product that results in the promotion of its trade is an act of violating the law. Therefore, marketing the caffeine product results in the prosecution of an individual.

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Response to Las Vegas letter

The incident that unfolded during the performance of Hans and Joe and their disappearing tiger was in the interest of the public. A customer throws an object to the tiger who ends up injuring Joe. The incident is not seen by anyone apart from one person sitting at the front. Therefore, there is a need to convey to the public the incidence of the performance without violating the copyright of the owner.

The use of copyright-protected material is an infringement and against the author’s right by law. When there is claimed copyright concerning materials, there must be evidence of official document justifying the warranted copyright. The attorneys are therefore requested to justify the copyright by producing valid documents from an institution recognized by law to grant copyright for the names.

Considering the fair use of copyright materials, there is permission by the law allowing criticism and comments. The article is not a duplication of the original work and addresses an issue about a different incident apart from the intended public presentation. The article on its own is not copied and the names used and for identifying purposes and not marketing the author’s products. Owing to the permission by law warranting criticism and comments, the names will remain in the article if not contested by the claimed authors hereafter. Moreover, the article is not marketing the original product of the authors but on its original work by another author. Therefore, there is no marketability attached to the names but rather, they are used for identification purposes on the incident which occurred.

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StudyCorgi. (2022, January 13). Invasion of a Person’s Privacy: Law and Confidentiality. Retrieved from https://studycorgi.com/invasion-of-a-persons-privacy-law-and-confidentiality/

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StudyCorgi. (2022, January 13). Invasion of a Person’s Privacy: Law and Confidentiality. https://studycorgi.com/invasion-of-a-persons-privacy-law-and-confidentiality/

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"Invasion of a Person’s Privacy: Law and Confidentiality." StudyCorgi, 13 Jan. 2022, studycorgi.com/invasion-of-a-persons-privacy-law-and-confidentiality/.

1. StudyCorgi. "Invasion of a Person’s Privacy: Law and Confidentiality." January 13, 2022. https://studycorgi.com/invasion-of-a-persons-privacy-law-and-confidentiality/.


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StudyCorgi. "Invasion of a Person’s Privacy: Law and Confidentiality." January 13, 2022. https://studycorgi.com/invasion-of-a-persons-privacy-law-and-confidentiality/.

References

StudyCorgi. 2022. "Invasion of a Person’s Privacy: Law and Confidentiality." January 13, 2022. https://studycorgi.com/invasion-of-a-persons-privacy-law-and-confidentiality/.

References

StudyCorgi. (2022) 'Invasion of a Person’s Privacy: Law and Confidentiality'. 13 January.

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