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North Carolina recognizes only two of the four common-law claims for invasion of privacy: appropriation of one's likeness and intrusion upon seclusion. Public disclosure of private facts and publicity that places another in a false light to the public eye are not recognized.
Summary: At present, North Carolina does not have a general privacy act or any general constitutional right to privacy. In addition, North Carolina common law only recognises two of the four traditional common law claims for invasion of privacy: appropriation of one's likeness and intrusion upon seclusion.
You send a letter to the holder asking for permission and stating how you intend to use the image. The holder sends a letter back granting you permission. Your request should be as specific as possible in describing the intended use of the image.
The tort of invasion of privacy by intrusion into seclusion has been recognized in North Carolina and is defined as the intentional intrusion 'physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns 2024
Not so, according to attorney Smith. He said anytime you take someone else's photo from a social media page and repost without permission - even if you are in the picture - you are breaking the law. "They are using the image when they do not have the permission to do so," Smith said. "That is copyright infringement. "
The tort of "false light" is not recognized in North Carolina; you cannot sue or be sued on such a claim. See Renwick v. News & Observer, 312 S.E.2d 405 (N.C. 1984).
North Carolina is one of only a few jurisdictions that does not recognize the tort of public disclosure of private factsa civil remedy that protects against the offensive and unauthorized publication of private information that is not of legitimate public concern.
The state recognizes a privacy-based tort for the unauthorized appropriation of a person's name or likeness either in connection with an advertisement or commercial enterprise, or, more broadly, for the defendant's advantage. A plaintiff does not need to prove special damages.