“One man's gossip may be another man's news, but distinguishing between the two is often the key to determining whether the press is guilty of invasion of privacy .” If the article is newsworthy, if the information is truthful, invading someone's privacy is a civil wrong. Appropriation of name and likeness is one of four forms of invasion of privacy defined by which one who appropriates for his own use or advantage the name or likeness of another is subject to liability to the other for the invasion of his privacy. Like any other tort, there are cases that have different forms of defense and information that the plaintiff and defendant must defend to prove civil rights from wrongdoing. Included within an appropriation lawsuit are two torts called commercialization and right of publicity. Someone who wants to remain private among his family and friends is called a marketer. Using their name, image, likeness and voice for advertising goes against their wishes. With the right of publicity, you cannot implicate celebrities, movie stars or athletes using their name, image, voice, etc. without authorization where advertising could diminish its economic value. When examining each different case of appropriation of name and likeness, whether it is commercialization or right of publicity, the plaintiff must demonstrate that their name and likeness were used without permission in an advertisement and that the advertisement concerning them was widely distributed to the public. When dealing with appropriation of name and likeness there are many defenses that can be considered during the process of a case. The nine different defenses you can use for appropriation are ne...... middle of paper ...... purposes or for substantive expression. In addition to the First Amendment defenses there is a defense called Media Announcements. This defense occurs when the mass media can run advertisements for themselves that use names included in their coverage and cause no harm. Consent occurs when the individual has given consent to use their name or image for advertising or commercials, which is the best defense for appropriation to win a case or prove that you are right. When lawyers, firms, or corporations make contracts that individuals must sign, this means they have the consent of the participants or individuals. Last but not least is the incidental use test, which states that a person's name can be used for a short period and does not affect the person or medium in which it was used and that it is not been used to make a profit or gain. in commercial advantages.
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