Appropriation of Name or Likeness

Definition

Appropriation of name or likeness refers to the unauthorized use of an individual's identity, including their name, image, or other distinctive attributes, for commercial purposes. This concept is crucial in privacy law as it protects individuals from exploitation and ensures that their identity is not used without consent for profit or publicity.

5 Must Know Facts For Your Next Test

1. Appropriation claims can arise in various contexts, including advertising, marketing, and entertainment where a person's identity is commercially exploited.
2. To prove appropriation, the plaintiff must show that their name or likeness was used without consent and that it was for a commercial purpose.
3. Public figures often have less protection against appropriation claims compared to private individuals due to their higher visibility and potential public interest.
4. Many states have enacted specific statutes addressing the right of publicity, which provides additional protections against unauthorized appropriation.
5. The defense against an appropriation claim may include showing that the use falls under the categories of news reporting, commentary, or artistic expression.

Review Questions

• Discuss how appropriation of name or likeness intersects with the right of publicity and the protection it offers individuals.
  • The appropriation of name or likeness is closely linked to the right of publicity, which grants individuals control over the commercial use of their identity. When someone's name or likeness is used without permission for profit, it constitutes a violation of their right to publicity. This intersection is significant because it reinforces the idea that individuals have ownership over their identity and can protect themselves from unauthorized exploitation, ensuring that any commercial use aligns with their consent.
• Evaluate the differences in legal protections against appropriation claims for public figures versus private individuals.
  • Public figures generally face higher scrutiny in appropriation claims compared to private individuals. This is because public figures are considered to have voluntarily exposed themselves to public attention and scrutiny. As a result, they may have less protection against unauthorized use of their name or likeness since the law allows for greater leeway when it comes to newsworthy events or commentary. In contrast, private individuals usually have stronger rights regarding their identity's commercial use due to their expectation of privacy.
• Analyze the implications of consent in the context of appropriation of name or likeness claims and its effect on privacy rights.
  • Consent plays a pivotal role in determining the legality of using someone's name or likeness in commercial contexts. If an individual has given informed consent for their identity to be used, this can serve as a robust defense against appropriation claims. However, issues arise when consent is obtained through coercion or misrepresentation. The implications extend beyond individual rights; they highlight the tension between commercial interests and personal privacy rights, emphasizing the need for clear agreements and ethical considerations in identity usage.

Related terms

Right of Publicity: The legal right of an individual to control the commercial use of their identity and prevent unauthorized exploitation.

Invasion of Privacy:

A legal term that encompasses various types of interference with a person's privacy, which may include appropriation, intrusion, public disclosure of private facts, and false light.

Consent:

A voluntary agreement by an individual to allow their name or likeness to be used for a specific purpose, which can serve as a defense against claims of appropriation.