Lesson 34: Appropriation of Name or Likeness

Welcome, future legal eagles, to Lesson 34 on Appropriation of Name or Likeness. This is part of our comprehensive guide on Torts Law, where we dive into the nitty-gritty of unauthorized use of someone’s identity for commercial gain—a big no-no in the legal world.

Fun Fact: Appropriation of name or likeness is also known as the Right of Publicity. Fancy, right?

Definition

Appropriation of name or likeness happens when someone takes another person's name, image, or likeness without their permission to make a quick buck. Not cool!

Elements of the Tort

Imagine you’re in court. Here’s what you need to prove to win an appropriation of name or likeness case:

  1. Use of Plaintiff's Identity: Defendant used the plaintiff’s name, likeness, or other personal attributes.
  2. Without Consent: The usage was without the plaintiff’s permission.
  3. Commercial Benefit: The use was for the defendant’s commercial gain.
  4. Injury: Plaintiff suffered harm or damage as a result.

Legal Implications

This tort protects individuals from having their identity exploited for commercial purposes without their consent. It is especially relevant for celebrities and public figures, but also applies to private individuals in certain contexts.

graph TD; A["Appropriation of Name or Likeness"] --> B["Use of Plaintiff's Identity"]; A --> C["Without Consent"]; A --> D["Commercial Benefit"]; A --> E["Injury"];

Case Example

Picture this: A company uses a famous athlete's image in their ad campaign without asking. The athlete can then slap them with a lawsuit for appropriation of name or likeness and seek damages. Cha-ching!

Defenses

Common defenses to the appropriation of name or likeness include:

  • Consent: If the defendant can prove that they had the plaintiff’s consent, the claim fails.
  • Newsworthiness: Use in a manner that is considered newsworthy or in public interest.
  • First Amendment: Protects certain uses under free speech.

Related Privacy Torts

Appropriation of name or likeness is one of the four main privacy torts. For more information on other privacy torts, you can refer to:

Conclusion

Understanding appropriation of name or likeness is crucial for anyone navigating the twisty maze of torts law. This tort makes sure that your identity remains yours and isn't used for someone else's gain. Keep your name and likeness safe, folks!

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For further reading, refer to Personality Rights in the United States on Amazon.

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