See If You Can Answer This MBE Question!
A fan called a radio station to compete in a contest. The disc jockey asked the fan a few trivia questions which the fan answered correctly to win the prize. The disc jockey then asked the fan to shout the name of the radio station and the fan did so enthusiastically. Without the fan’s knowledge, the station recorded these statements and used the recorded statements for promotions and a commercial for the station. The fan did not know the recorded statements were being used until someone told him they heard one of the promotions with his voice. In a suit for damages against the radio station, will the fan prevail?
(A) No, because the fan made the statement publicly over the radio station.
(B) No, if the radio station’s promotions and commercial were accurate and truthful.
(C) Yes, because the use of the fan’s name and voice was an intentional intrusion into his private life.
(D) Yes, because the radio station used the fan’s name and voice for a commercial purpose and without his permission.