Appropriation of Name or Likeness

Definition

Appropriation of name or likeness refers to the unauthorized use of an individual's name, image, or likeness for commercial gain. This invasion of privacy tort protects individuals from having their identity exploited without consent, recognizing that a person's name and likeness have value and are considered part of their persona. This concept is crucial in understanding how personal rights are balanced against public interests in areas such as advertising and media.

5 Must Know Facts For Your Next Test

1. Appropriation claims often arise in advertising contexts where a person's image is used without permission to promote products or services.
2. There are two main types of appropriation: commercial appropriation, which focuses on profit-making activities, and non-commercial appropriation, which may involve artistic expressions.
3. Public figures have less protection under appropriation laws compared to private individuals due to the increased public interest in their lives.
4. Consent can serve as a defense against appropriation claims, meaning if an individual agrees to the use of their likeness, they cannot later claim violation.
5. Certain jurisdictions recognize statutory rights regarding appropriation, giving individuals specific legal avenues to seek remedies for unauthorized use.

Review Questions

• How does the appropriation of name or likeness intersect with the right of publicity?
  • The appropriation of name or likeness is closely related to the right of publicity, as both focus on an individual's ability to control the commercial use of their identity. The right of publicity is a broader legal concept that grants individuals the exclusive rights to profit from their name, image, and likeness. When someone uses an individual's identity without permission for commercial purposes, it constitutes an infringement on both the right of publicity and appropriates their name or likeness.
• What defenses can be raised against claims of appropriation of name or likeness, and how might these impact an individual's ability to seek damages?
  • Defenses against appropriation claims include consent, where individuals agree to the use of their name or likeness for specific purposes. Additionally, artistic expression may also be a defense if the usage falls within certain creative contexts that do not exploit the individual's persona for profit. If a defendant successfully proves these defenses, it can significantly limit the plaintiff's ability to seek damages, as consent effectively waives any claim to violation.
• Evaluate the implications of varying state laws on appropriation claims and how these differences might affect individuals' rights across jurisdictions.
  • Variations in state laws regarding appropriation of name or likeness create a complex legal landscape that impacts how individuals can enforce their rights. Some states provide robust protections through clear statutes governing the right of publicity, while others may rely more heavily on common law interpretations. This inconsistency means that individuals may find stronger legal recourse in some states than others, leading to potential forum shopping where claimants seek out jurisdictions that are more favorable to their cases. Ultimately, these differences can create uncertainty about how effectively individuals can protect their identities when faced with unauthorized exploitation.

Related terms

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

Invasion of Privacy: A legal term that encompasses various torts, including appropriation, which protects individuals from unwanted intrusions into their personal life.

Defamation: A false statement made about someone that damages their reputation, which can occur alongside appropriation when someone's likeness is misused in a harmful way.