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 without their consent. This legal concept is crucial in protecting an individual's right to control how their identity is used, particularly in advertising and marketing contexts. It emphasizes the importance of personal privacy and the right to profit from one’s own identity, which connects directly to broader issues of invasion of privacy.

5 Must Know Facts For Your Next Test

1. The appropriation of name or likeness typically falls under state law, and different states may have varying statutes and case law regarding this issue.
2. Celebrities often use the right of publicity to protect their identities, especially against unauthorized commercial endorsements or advertisements that could mislead consumers.
3. Consent is a key defense against appropriation claims; if an individual has provided consent for the use of their name or likeness, they cannot typically claim infringement.
4. Some jurisdictions recognize a posthumous right of publicity, allowing heirs to control the commercial use of a deceased person's name and likeness.
5. Digital platforms have raised new challenges for appropriation claims, as social media and online content can lead to widespread unauthorized uses of individuals’ images and names.

Review Questions

• How does appropriation of name or likeness relate to the concept of invasion of privacy in legal contexts?
  • Appropriation of name or likeness is a specific form of invasion of privacy that protects individuals from unauthorized commercial exploitation of their identity. By claiming that someone has wrongfully used their name or likeness, individuals are asserting their right to privacy and control over how they are represented in public. This concept is part of a broader framework addressing various ways individuals can be harmed through privacy violations.
• Discuss the implications of consent in relation to appropriation claims and how it affects individuals' rights.
  • Consent plays a crucial role in appropriation claims as it can serve as a defense against allegations of unauthorized use. If an individual consents to the use of their name or likeness—such as through contracts for endorsements—they generally cannot later claim appropriation. This dynamic highlights the balance between personal rights and commercial interests, emphasizing the importance for individuals to understand their rights when entering into agreements related to their identity.
• Evaluate how advancements in technology and social media have impacted legal interpretations of appropriation of name or likeness.
  • Advancements in technology and social media have significantly complicated the legal landscape surrounding appropriation claims. The rapid spread of images and personal information online can lead to unauthorized uses that are difficult to track and regulate. Legal interpretations are evolving to address these challenges, including considerations for digital consent and the impact on an individual's right to control their identity in a highly interconnected digital world. This ongoing evolution highlights the need for updated legal frameworks that protect individual rights in the face of emerging technologies.

Related terms

Right of Publicity: The right of individuals to control the commercial use of their identity, including their name and likeness, and to prevent others from exploiting it without permission.

Invasion of Privacy: A legal concept encompassing various torts that protect individuals from unwarranted intrusions into their personal lives, including appropriation of name or likeness.

False Light: A privacy tort that occurs when false information is published about an individual that places them in a misleading context, potentially damaging their reputation.