The sunbather may have thought $100 was worth getting teased by coworkers who recognized her, but it is certainly not worth zero dollars, so she is likely to sue to recover damages. In this circumstance, the photographer has the right to the image even though the sunbather values it more. This is clearly inefficient as judges and juries must now spend time debating whether the woman consented to being published for being nude in a public place, whether the photographer’s actions were outrageous, and whether the picture is offensive. All of this could have been avoided had the photographer asked for permission, offered money, and went along to find another nude sunbather if his offer was not accepted.
II. The Inefficient Approaches to Privacy
