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.

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 .

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

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