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 closely linked to privacy laws, which protect individuals from having their personal identity exploited for profit without permission, and highlights the tension between the right to free expression and the right to privacy.

5 Must Know Facts For Your Next Test

1. The appropriation of name or likeness is often a key issue in cases involving celebrities or public figures, as they are frequently targeted for commercial endorsements without their approval.
2. Laws regarding appropriation vary by jurisdiction, with some states providing stronger protections than others, especially in terms of the right of publicity.
3. To prove appropriation, one must typically show that their identity was used for commercial gain and that they did not give permission for this use.
4. Some defenses against appropriation claims include newsworthiness or transformative use, where the use alters the original work enough to warrant protection under free speech rights.
5. Appropriation claims can intersect with defamation if the unauthorized use misrepresents the individual's character or beliefs.

Review Questions

• How does the concept of appropriation of name or likeness intersect with the rights of public figures?
  • The appropriation of name or likeness directly impacts public figures as they often find their identities used for commercial gain without consent. These individuals have a right of publicity that allows them to control how their name and likeness are used. If a company uses a celebrity's image in advertising without permission, it can lead to legal action based on this appropriation principle. Understanding this intersection is crucial for protecting both the interests of public figures and commercial entities.
• Evaluate the legal defenses available in cases of appropriation of name or likeness and how they relate to free speech.
  • In cases of appropriation, defendants may argue defenses such as newsworthiness or transformative use. Newsworthiness applies when the use of an individual's likeness serves an important public interest, while transformative use suggests that the new work significantly alters the original likeness. These defenses are grounded in First Amendment protections, balancing individual rights with freedom of expression. Legal outcomes often depend on how courts interpret these defenses in relation to the specific circumstances surrounding each case.
• Synthesize how appropriation laws vary across jurisdictions and analyze their implications on media practices.
  • Appropriation laws differ significantly across jurisdictions, leading to varying protections for individuals regarding their name and likeness. Some states offer robust rights of publicity, while others have minimal protections. This inconsistency can create challenges for media organizations that operate across state lines or globally. It forces them to navigate a complex legal landscape when producing content that features individuals' identities. As a result, media practices must adapt to these legal differences to avoid potential litigation while still aiming to inform and entertain audiences.

Related terms

Right of Publicity:

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

Defamation:

The act of communicating false statements about a person that can harm their reputation, which can be intertwined with privacy concerns.

Invasion of Privacy: A violation of a person's right to privacy, which can occur through various means including intrusion, appropriation, or disclosure of private facts.