Appropriation of name or likeness

Definition

Appropriation of name or likeness is a legal concept that refers to the unauthorized use of an individual's identity, including their name, image, or likeness, for commercial purposes without consent. This concept is a key component of invasion of privacy torts, as it protects individuals from having their personal attributes exploited for profit by others.

5 Must Know Facts For Your Next Test

1. The appropriation of name or likeness can lead to legal action if an individual feels their identity has been used without permission for commercial gain.
2. This tort is particularly relevant in industries like advertising and entertainment, where individuals' identities can be valuable assets.
3. Celebrities often utilize the right of publicity to protect their images from being used in ways they do not approve, which is a common scenario in this area of law.
4. The standard for proving appropriation generally involves showing that the use was for commercial purposes and not merely artistic or expressive.
5. Defenses against claims of appropriation may include obtaining consent from the individual or demonstrating that the use falls under fair use provisions.

Review Questions

• How does appropriation of name or likeness relate to the broader concept of invasion of privacy?
  • Appropriation of name or likeness is a specific type of invasion of privacy that focuses on the unauthorized commercial use of an individual's identity. This tort highlights the importance of personal autonomy and control over one's image and personal attributes. It illustrates how individuals can be harmed when their likeness is exploited without permission, thereby emphasizing the need for legal protections against such invasions.
• In what ways can consent impact legal claims related to the appropriation of name or likeness?
  • Consent plays a crucial role in determining whether the appropriation of name or likeness has occurred. If an individual grants permission for their identity to be used in a commercial context, they typically waive their right to sue for appropriation. This underscores the importance of clear agreements and understanding between parties before using someone's identity. Without consent, however, individuals have stronger grounds for legal action if they believe their rights have been violated.
• Evaluate how the right of publicity serves as a protective measure against appropriation of name or likeness in today's media landscape.
  • The right of publicity acts as an essential legal safeguard against the unauthorized appropriation of name or likeness, especially in an age where social media and digital content creation are prevalent. As individuals increasingly share their images online, the right allows them to maintain control over how their identities are used commercially. This protection is critical in preventing exploitation by brands and advertisers who may seek to capitalize on an individual's fame or recognition without consent. Furthermore, as technology evolves and new forms of media emerge, the right of publicity continues to adapt, ensuring individuals retain some ownership over their identities in a rapidly changing landscape.

Related terms

Right of publicity: The legal right that allows individuals to control how their name, image, and likeness are used commercially, giving them the ability to prevent unauthorized exploitation.

Invasion of privacy: A broad term encompassing various legal claims that arise when someone's privacy is violated, including appropriation of name or likeness, intrusion upon seclusion, and public disclosure of private facts.

Consent:

An agreement or permission given by an individual for their name or likeness to be used, which is essential to avoid liability for appropriation.