Al Modem has generated his own website that focuses on alternative music in the Austin, Texas area. The stylish site lists upcoming concerts and new record releases, provides information about upcoming dances, contains music reviews, and features articles about new clubs, local performers and DJs. The site also carries real time audio feeds from local musical events and permits users of the site to chat with one another periodically. Club owners and concert promoters help Al operate the site by paying a monthly fee to Al for the inclusion of promotional pages on the site. A new club, the Chameleon, opened recently, and Al got pictures of the opening from a local photographer. He scanned the photos onto the site and used them with a review of the new venue. One of the pictures showed film actor and director Ben Affleck going into the club.

The owners of the Chameleon loved the story about the club and the picture of Affleck Without getting Al's permission, they made a copy of the photo and included it in their promotional page for the club. Remember, they pay Al each month to include this page on the site. The caption under the photo says: "The many-colored Chameleon club, a favorite nightspot for Hollywood's Ben Affleck." Affleck's sister, who lives in Austin, learns about the use of the photo on the Web site, and informs her brother, who sues Al Modern and the owners of the Chameleon club. He argues that the use of his photo in Al's story about the club amounts to giving publicity to private facts and that the use of his photo and name on the Chameleon's promotional page is an appropriation, a violation of his right to publicity. Answer the following questions:

a. Both Al Modem and the club owners argue that the law of privacy does not apply to the appearance of material on the Internet; consequently, the lawsuits should be dismissed. What do you think and why?

b. Is the use of the photo in Al Modem's story a case of giving publicity to private facts?

c. Was the use of the photo on the promotional page an appropriation?