Any person, firm, or corporation that exploits a natural person, name, picture, portrait, or personality for advertising or commercial purposes shall be liable for invasion of privacy. The provisions of this section shall not apply to:
(1) The publication, printing, display, or use of the name or likeness of any person in any printed, broadcast, telecast, or other news medium or publication as part of any bona fide news report or presentation or noncommercial advertisement having a current or historical public interest and when such name or likeness is not used for commercial advertising purposes;
(2) The use of such name, portrait, photograph, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or property when such person has consented to the use of his or her name, portrait, photograph, or likeness on or in connection with the initial sale or distribution thereof so long as such use does not differ materially in kind, extent, or duration from that authorized by the consent as fairly construed; or
(3) Any photograph of a person solely as a member of the public when such person is not named or otherwise identified in or in connection with the use of such photograph.
Notes of Decisions
Cited in
19
cases, 1931–2013 · leading case:
Abdouch v. Lopez, 829 N.W.2d 662 (Neb. 2013).
Abdouch v. Lopez, 829 N.W.2d 662 (Neb. 2013).
· cites it 3× “NATURE OF CASE Helen Abdouch filed suit against an out-of-state defend ant, Ken Lopez, individually and as owner and operator of his company, Ken Lopez Bookseller (KLB), under Neb. Rev. Stat. § 20-202 (Reissue 2012) for violating her privacy rights by using an inscription in…”
Hadley v. Corey, 288 N.W. 826 (Neb. 1939).
· cites it 8× “Waiving consideration of all questions of pleading involved, the essentials of defendant Corey’s defense are that plaintiff’s action is barred by section 20-202, *209 Comp. St. 1929. The applicable provision of that statute is, viz.”
Wilkinson v. Methodist, Richard Young Hosp., 612 N.W.2d 213 (Neb. 2000).
· cites it 11× “Based on these allegations, Wilkinson alleged that his privacy had been invaded pursuant to Neb. Rev. Stat. §§ 20-202 to 20-205 (Reissue 1997) on the following grounds: (1) exploitation of his person for commercial purposes, (2) trespass or intrusion upon his solitude, and, (3)…”
Steeves v. Nispel, 273 N.W. 50 (Neb. 1937).
· cites it 11× “Hallquist, in his pleading denied generally the allegations contained in the petition; alleged *599 affirmatively that plaintiff’s action was not commenced within the time limited by section 20-202, Comp. St. 1929, and as to the answering defendant was barred thereby; and by…”
Sabrina W. v. Willman, 540 N.W.2d 364 (Neb. Ct. App. 1995).
· cites it 2× “They are found in Neb. Rev. Stat. §§ 20-202 through 20-205 (Reissue 1991) and generally are (1) exploitation of the plaintiff *155 for advertising or commercial advantage, (2) trespass or intmsion upon the plaintiffs solitude, and (3) publicity which places the plaintiff in a…”
Hadley v. Platte Valley Cattle Co., 10 N.W.2d 249 (Neb. 1943).
· cites it 4× “There 'is a failure of proof of title by adverse possession to the real estate in question here in Noel Cover or his successor.”
Maxwell v. Hamel, 292 N.W. 38 (Neb. 1940).
· cites it 2× “The question to be determined then is: Can a party holding real estate by permissive possession under a conveyance from a life tenant hold adversely as against the remainderman during the period of the life tenancy, where both the remainderman and the alleged adverse possessor…”
Miller v. Am. Sports Co., Inc., 467 N.W.2d 653 (Neb. 1991).
· cites it 3× “usical, or artistic productions or other articles of merchandise or property when such person has consented to the use of his or her name, portrait, photograph, or likeness on or in connection with the initial sale or distribution thereof so long as such use does not *680 differ…”
Brainard v. Hall, 289 N.W. 845 (Neb. 1940).
· cites it 2× “Section 20-202, Comp. St. 1929, provides that an action to foreclose a real estate mortgage can only be brought within ten years after the cause of action has accrued.”
Tynon v. Bliss, 236 N.W. 184 (Neb. 1931).
· cites it 6× “That act is now known as section 20-202, Comp. St. 1929. The decree of the district court found in favor of the plaintiffs for the full amount due on the notes and mortgages, which amounts are specifically set forth therein, and ordered the premises sold in the usual manner to…”
Wadman v. State, 510 N.W.2d 426 (Neb. Ct. App. 1993).
“An action for invasion of privacy in Nebraska exists for (1) exploiting a person for advertising or commercial purposes (see § 20-202), (2) trespass or intrusion upon a person’s solitude (see § 20-203), and (3) placing a person before the public in a false light (see § 20-204).”
Weekes v. Rumbaugh, 12 N.W.2d 636 (Neb. 1944).
· cites it 4× “Since more than ten years elapsed after the maturity of the mortgage debt before the action was brought the defendant claimed the action was barred by the statute of limitations, specifically section 20-202, Comp. St. 1929. The trial court ruled against defendant and he appealed.”
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