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CACI 1803

What Is Appropriation of Name or Likeness Law in California

Personal Injury Lawyers

What is the Law in California for Appropriation of Name or Likeness - California Civil Jury Instruction CACI 1803

California Law

CA Civil Jury Instructions

CACI 1803 - Appropriation of Name or Likeness

As of September 1, 2010

California Civil Jury Instruction CACI 1803

1803. Appropriation of Name or Likeness

[Name of plaintiff] claims that [name of defendant] violated [his/her]

right to privacy. To establish this claim, [name of plaintiff] must

prove all of the following:

1. That [name of defendant] used [name of plaintiff]’s name,

likeness, or identity without [his/her] permission;

2. That [name of defendant] gained a commercial benefit [or

some other advantage] by using [name of plaintiff]’s name,

likeness, or identity;

3. That [name of plaintiff] was harmed; [and]

4. That [name of defendant]’s conduct was a substantial factor

in causing [name of plaintiff]’s harm; [and]

[5. That the privacy interests of [name of plaintiff] outweigh the

public interest served by [name of defendant]’s use of [his/

her] name, likeness, or identity.

In deciding whether [name of plaintiff]’s privacy interest outweighs

the public’s interest, you should consider where the information

was used, the extent of the use, the public interest served by the

use, and the seriousness of the interference with [name of

plaintiff]’s privacy.]

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