Also known as: appropriation · tort of appropriation · misappropriation of likeness · right of publicity
Written by attorneys · grounded in primary & secondary sources — see below
A privacy tort committed when one appropriates the name or likeness of another for one's own use or benefit. Liability arises for resulting harm to the plaintiff's privacy interests.
Amber Alonzo operated a small news service that used a celebrity's name and photograph in promotional emails without consent to attract subscribers. The celebrity sued asserting a state appropriation tort claim. The court held that the commercial use of the name and likeness invaded privacy interests and created liability.
Alice Atkins discovered that a beverage company had placed her photograph on billboards without consent to advertise its product. She sued for invasion of privacy. The court held that the company had appropriated her likeness for its commercial benefit and was liable for resulting harm.
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Alfred Ashford alleged that a publisher used his name on the cover of an unrelated novel to boost sales without consent. He sued for state-law appropriation of name. The court found the unauthorized commercial use of identity invaded privacy and awarded damages.
Amelia Amari, a college athlete, discovered a clothing company selling t-shirts bearing her name and photograph without consent. She sued for appropriation. The court held the company liable for using her likeness for commercial benefit and invading her privacy interests.
Antonio Alvarado, a social-media influencer, found a brand using his distinctive nickname and image in an ad campaign without permission. He sued. The court required the brand to compensate him for the appropriation of his likeness that invaded privacy.
Alexis Archer, a local musician, learned a restaurant had used her stage name and photo on menus to imply endorsement without consent. She sued for appropriation. The court held the restaurant liable for the unauthorized commercial use of identity.
Appropriation occurs when a defendant uses the plaintiff's name or likeness for the defendant's own benefit or advantage. The Restatement makes clear that such use invades the right of privacy and creates liability for resulting harm.
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The tort protects personal privacy interests. Some jurisdictions treat commercial misappropriation separately under a right of publicity, but the classic privacy formulation addresses harm to the plaintiff's personal interests rather than purely economic loss.
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No. The action for invasion of privacy by appropriation of name or likeness may be maintained only by a living individual whose privacy was invaded.
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Appropriation focuses on unauthorized commercial or personal use of identity. Other privacy torts address intrusion upon seclusion, publicity of private facts, or false light, each with distinct elements under the Restatement framework.
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…in common, takes no new lease but buys the reversion in good faith a somewhat different question arises. Here is no direct appropriation of the expectancy of renewal. Here is no offshoot of the original lease. We so held in Anderson v. Lemon (8 N. Y. 236), and although Judge Dwight casts some doubt on the rule in Mitchell v.…