Appropriation of name or likeness

Definition

Appropriation of name or likeness refers to the unauthorized use of an individual's name, image, or other identifiable aspects for commercial purposes without their consent. This concept is crucial in understanding how media and advertising can infringe upon personal rights and privacy, highlighting the delicate balance between creative expression and individual rights in media writing.

5 Must Know Facts For Your Next Test

1. Appropriation claims typically arise in advertising and marketing contexts where someone's likeness is used to promote products without permission.
2. This concept is often governed by state laws, which can vary significantly regarding the protection of individuals' rights over their names and likenesses.
3. Celebrities and public figures are particularly vigilant about appropriation due to their marketable identities, often leading to high-profile legal cases.
4. In some jurisdictions, the right of publicity continues even after a person's death, allowing estates to control the commercial use of the deceased's name and likeness.
5. Media writers must be cautious when using real people’s names or images in their work, as even parody or satire can sometimes lead to legal disputes over appropriation.

Review Questions

• How does the appropriation of name or likeness impact the balance between creative expression and individual rights in media writing?
  • The appropriation of name or likeness creates tension between the freedom to express creativity and the need to respect individual rights. Media writers often draw inspiration from real-life figures, but when that inspiration crosses into unauthorized use for commercial gain, it can lead to legal repercussions. This balance requires writers to navigate carefully between using recognizable names or images while ensuring they have proper permissions or adhere to legal boundaries.
• Discuss how the right of publicity relates to the appropriation of name or likeness in media writing.
  • The right of publicity is directly tied to the appropriation of name or likeness as it provides individuals with the legal framework to control how their identity is used commercially. When a writer uses someone's likeness without consent, they could be violating this right, which protects against unauthorized exploitation. Understanding this relationship is crucial for media writers as it shapes their responsibilities regarding consent and commercial usage.
• Evaluate the implications of state laws on appropriation claims and how they can affect media writing practices across different regions.
  • State laws regarding appropriation vary widely, influencing how media writers approach the use of names and likenesses. Some states offer robust protections for individuals' rights over their identities, while others may provide more lenient frameworks. This variability means that a practice acceptable in one state could lead to legal issues in another, pushing writers to be diligent in researching local laws before including real individuals in their work. Such evaluations also prompt discussions on uniformity in legal standards for better clarity across media industries.

Related terms

Right of Publicity: The legal right of an individual to control the commercial use of their identity, including their name, image, and likeness.

Invasion of Privacy: A legal claim that arises when someone's private life is intruded upon without consent, often related to the unauthorized use of their likeness.

Defamation: The act of damaging someone's reputation by making false statements about them, which can sometimes intersect with issues of appropriation.