What Is Appropriation of Name or Likeness Law in California
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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