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Misappropriation of the Right of Publicity
Misappropriation of the Right of Publicity is a statutorily-created cause of action for the unauthorized commercial use of a person’s name, voice, signature, photograph, or likeness. This is similar to, but distinct from, Misappropriation of the Name or Likeness of Another, which involves privacy rights instead of property rights in publicity.
The elements of misappropriation of the right of publicity are:
- Any commercial use
- Of the name, voice, signature, photograph or likeness of another
- Without written consent for the use.