From the time Samuel D. Warren and Louis D. Brandeis wrote their article entitled "The Right of Privacy" in 1890, the thrust of most privacy suits has been for an injury to feelings. They suggested the right of privacy, although originating in property, should nevertheless be given separate and distinct recognition. Warren and Brandeis felt its basis should be on injury to feelings rather than injury to property. This theory was accepted by many legal authorities.
Frank L. Brunetti,
Invasion of Privacy - Recovery for Nonconsentual Use of Photographs in Motion Pictures Based on the Appropriation of Property,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol11/iss3/5