Situation:

Imagine you are a reporter for a television broadcasting station and in need of a story. You find out at a local fair an entertainer is going to perform an outstanding act that last only 15 seconds. You decide to attend the fair with a small video camera. As your walking around the fair a petitioner noticed the camera and ask you not to record the performance. What do you do when the instructions of the producer of the daily newscast is to record the act? You decide to return to the fair the following day and videotape the entire act. Later that night the videotape clipping airs on the nightly news program. Now the petitioner is taking you to court for commercializing the film of  the act without  consent.

Legal Background:

Zacchini v. Scripps Howard Broadcasting Co. (1977) is a situation similar to this when a  reporter videotape a “human cannonball” act without consent. The entertainer, Zacchini  is suing for damages explaining that the act was invented by his father and performed only by his family, which was commercialized by Scripps without his consent. The complaint stated a cause of action for conversion and for infringement of a common-law copyright. The court favored with Zacchini. All three judges agreed that the First Amendment did not privilege the press to show the entire performance on a news program without compensating petitioner for any financial injury he could prove at trial.

Questions:

What would you do if someone video camera your performance without your consent?

Are there any other cases in which a video aired on the news without consent? If so, what happened?

Did Scripps Howard Broadcasting diminish Zacchini economic value?