Photog, a freelance professional photographer, went to Department Store to purchase some film. As he was leaving the store, he noticed that Actress, a well-known Hollywood starlet, was browsing through the women's clothing department in Department Store. Photog took a picture of Actress in the clothing department without Actress's knowledge. Several days later, Photog took the photograph to the manager of Department Store and sold him the picture, explaining that Actress had agreed that Department Store could use the photograph in an advertising campaign. The manager enlarged the photograph and hung it above the main entrance to Department Store with a caption that read, "The store where Actress shops." One month earlier, Actress had entered into a contract with Hardware Store, the terms of which provided that Hardware Store had the exclusive right to use Actress's name and likeness for advertising purposes. As a result of the photograph's appearing at Department Store, Hardware Store canceled its contract with Actress. If Actress asserts a claim based on invasion of privacy against Department Store, will Actress prevail?
A. Yes, because Department Store, without Actress's permission, used Actress's picture for profit.
B. Yes, because Photog had no right to take Actress's picture.
C. No, because Department Store believed it had permission to display Actress's picture.
D. No, because Actress would clearly qualify as a public figure.
Choose A, B, C or D as your solution.
A