HI-Appropriation of name or likeness[edit] Main article: Personality rights Although privacy is often a common-law tort, most states have enacted statutes that prohibit the use of a person’s name or image if used without consent for the commercial benefit of another person.[citation needed] Appropriation of name or likeness occurs when a person uses the name or likeness of another person for personal gain or commercial advantage. Action for misappropriation of right of publicity protects a person against loss caused by appropriation of personal likeness for commercial exploitation. A persons exclusive rights to control his or her name and likeness to prevent others from exploiting without permission is protected in similar manner to a trademark action with the persons likeness, rather than the trademark, being the subject of the protection.[11] Appropriation is the oldest recognized form of invasion of privacy involving the use of an individual’s name, likeness, or identity without consent for purposes such as ads, fictional works, or products.[13] The same action – appropriation —can violate either an individual’s right of privacy or right of publicity. Conceptually, however, the two rights differ.[13]
Posted on: Sun, 24 Aug 2014 02:36:04 +0000
Trending Topics
Recently Viewed Topics
© 2015