Appropriation of name/likeness

Definition

Appropriation of name/likeness refers to the unauthorized use of an individual's name, image, or likeness for commercial purposes without their consent. This concept is a crucial aspect of privacy torts, as it addresses the protection of individuals against exploitation of their identity for profit. It involves the balance between free expression and an individual's right to control their own image, especially in advertising and promotional contexts.

5 Must Know Facts For Your Next Test

1. Appropriation of name/likeness claims can arise in various contexts, including advertising, social media, and merchandise, where someone's identity is used without permission.
2. The right of publicity is recognized in many states, but its scope and application can vary significantly depending on state law.
3. Consent is a critical element in defending against appropriation claims; if an individual has given permission for their likeness to be used, they typically cannot sue for appropriation.
4. Famous cases related to appropriation include those involving celebrities whose images are used without consent for commercial gain.
5. Appropriation claims can also intersect with copyright law when artistic works incorporate someone’s likeness without permission.

Review Questions

• How does appropriation of name/likeness relate to the concept of personal identity rights?
  • Appropriation of name/likeness directly ties into personal identity rights by protecting individuals from having their identity exploited without consent. When someone's name or likeness is used for commercial purposes without authorization, it violates their right to control how their identity is presented and profited from. This concept emphasizes the importance of consent and recognizes that an individual's image is a valuable part of their personal identity.
• Evaluate the role of consent in appropriation cases and its impact on the outcome of legal disputes.
  • Consent plays a pivotal role in appropriation cases because it can be a strong defense against claims. If an individual has provided explicit permission for their name or likeness to be used commercially, they generally cannot claim appropriation. This underscores the significance of contracts and agreements in managing how personal identities are used in commerce, as disputes often arise when consent is ambiguous or not documented properly.
• Analyze the implications of appropriation of name/likeness in the age of social media and digital marketing.
  • In today's digital age, appropriation of name/likeness has become increasingly complex due to social media and digital marketing's rapid growth. Influencers often share content that features themselves or others, blurring lines around consent and ownership. Legal challenges can arise when brands use an influencer’s likeness without permission, raising questions about rights in an era where personal identities are commodified online. As platforms evolve, understanding how to navigate these legal issues will be essential for protecting individual rights while fostering creativity in marketing.

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 concept that involves the violation of an individual's personal space or privacy, which can include various torts like appropriation of name/likeness.

False light: A privacy tort that involves portraying someone in a misleading or false manner that could damage their reputation.