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appropriation

Appropriation occurs when a defendant uses a plaintiff’s name, likeness, or image without their permission for commercial purposes. Appropriation is one of several torts falling under the category of invasion of privacy . When a defendant uses a plaintiff's name or likeness for a newsworthy purpose, however, this does not fall under the tort of appropriation and can be used as a defense by defendants.

Generally in an appropriation case , the plaintiff must prove several elements . California Jury Instructions regarding appropriation set out 5 essential factual elements for jurors . 

1. The defendant used the plaintiff’s name or likeness,
2. The plaintiff did not consent ,
3. The defendant gained a commercial benefit (or some other advantage),
4. The plaintiff was harmed, and
5. The defendant’s conduct was a substantial factor in causing the plaintiff’s harm.

 

Jurisdictions differ slightly on these elements but they generally follow this format.

• See e.g., Blanch v. Koons 485 F. Supp. 2d 516 (2007) .

In dealing with water rights, appropriation refers to the assignment of a permanent legal right over a specific amount of water under the prior appropriation doctrine .

• See e.g., Bassett v. State of Wash. Dep't of Ecology, 8 Wash. App. 2d 284 (2019)

[Last reviewed in May of 2024 by the Wex Definitions Team
]

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