Invasion of Privacy - Appropriation of Likeness

There are both statutory and common law claims of Invasion of Privacy based on “Appropriation of Likeness” in California. Laws v. Sony Music Entm’t, Inc., 448 F.3d 1134, 1138-39 (9th Cir. 2006) (“‘[t]he remedies provided for under California Civil Code § 3344 complement the common law cause of action; they do not replace or codify the common law.’”).

Common Law:

The common law claim requires proof of:
(1) the defendant's use of the plaintiff’s identity;
(2) the appropriation of plaintiff’s name or likeness to defendant’s advantage, commercially or otherwise;
(3) lack of consent; and
(4) resulting injury.

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• The rest of the elements for this cause of action;
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