Also known as: appropriation of name or likeness · appropriation of plaintiff's name or likeness · misappropriation · right of publicity
Written by attorneys · grounded in primary & secondary sources — see below
A privacy tort imposing liability when a defendant uses the plaintiff's name or likeness without consent to secure a commercial advantage. The tort protects an individual's property interest in the economic value of personal identity. Recovery is available even without proof of defamation or falsity.
Ava Adebayo discovers that a beverage company has published a full-page ad featuring her name and a summary of her rise from poverty to professional success. The ad promotes the company's product without any permission or compensation. Ava sues for damages based on the unauthorized commercial exploitation of her identity.
Adrian Aguilar learns that a law firm has used his name and photograph in promotional materials highlighting its successful defense of a high-profile misappropriation matter in which he was the complaining witness. The firm never obtained his consent. Adrian brings an action alleging that the firm appropriated his identity for its own commercial gain.
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Anthony Arnold finds his name and likeness featured on a website run by a legal ethics commentator that sells subscriptions by promising exclusive coverage of a famous trust-fund misappropriation case in which Arnold was the victim. No consent was given. Arnold sues the commentator for commercial appropriation of his identity.
Amelia Amari, heir to a famous horror actor's estate, discovers that a studio is marketing a new film series that uses the actor's distinctive likeness and character name without any license. The studio profits from the association. Amelia sues for appropriation of the actor's identity rights.
Audrey Ashton, a reporter whose byline appears on breaking stories, learns that a competing service is publishing her dispatches under its own name to attract subscribers. The service gains commercial value from the misattribution. Ashton asserts a claim for appropriation of her professional identity.
Alice Atkins, a human cannonball performer, watches a television station air her complete fifteen-second act during a news segment without obtaining permission. The station increases its ratings and advertising revenue from the broadcast. Atkins sues for appropriation of the economic value of her performance.
Appropriation focuses on the defendant's commercial gain from using the plaintiff's identity, whereas public disclosure concerns private facts, intrusion concerns physical or sensory invasion, and false light concerns misleading portrayals.
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Many jurisdictions allow recovery of the defendant's profits or a reasonable licensing fee even without proof of specific harm to the plaintiff, because the tort protects the economic value of identity itself.
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Some states treat the right as descendible property that passes to heirs, while others limit the claim to the lifetime of the individual whose identity was used.
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…Co. , 433 U. S. 562 (1977) (ruling that the “actual malice” standard does not apply to the tort of appropriation of a right of publicity). In respondent’s view, and in the view of the Court of Appeals, so long as the utterance was intended to inflict emotional distress, was outrageous, and did in fact inflict serious…