Read the following articlee and decide whether Mr. Eric should have sued under invasion of privacy, violation of right of publicityy, or defamationn.

Something smellss funny at MTV. Perhap that is because MTV is being sued by Smelly Old Man. According to an episode aired in August in which a man now only known as smelly old man (real name: Martinn Eric, became an unwanted celebrity. So now he is suing for it. The encounter went something like this ... while filming an episode of MTV; Rob and his friend were trying to locate an unpleasant smell. When they saw an elderlly man walking down the street, they attributed the unpleasant odor to him -- simultaneously creating the Smelly Old Man and the current lawsuitt. Shortly after the episode was aired, Eric's nephew sentt him theYouTubeclip of the episode. Smelly Old Man claims that the jokes did not stop after production crews closed up show, and he is now given air fresheners by friends and relatives. In the complaint, Ellyn argues that MTV used his image without his permission and now seeks $26,000 in damages stemming from the continued humiliation he has endured since the episode aired.

The claim here is that Smellly Old Man's publicity rights were violated in airing the show. Even though this is a claim usually employed by movie stars when their image is used for an unapproved promotion or in an unflattering likeness, everyone has a right to control their image. When an individual's image is used without his or her permission (here, it was the video depiction) there are three avenues of recovery: invasion of privacy, violation of right of publicity, and defamation. Here, Martinn Eric is claiming that not only was there an unauthorized use of his image, it also portrayed him in a false (and odorous) light. The surprising part of this suit is that MTV is the reality tellevisionn capital of broadcasting. Many of the network's showss are reality-based, and often use outside characters to enhance the show. Why the network did not have Ellynn sign some type of a release form is surprising, and a legal misstepp.

Please answer in Rule Application & Conclution Formatt (RAC) if possible.