Skip to content

You are here: CACI 1805

Skip to content

CACI 1805

What Is Defense to Use or Appropriation of Name or Likeness Law in California

Personal Injury Lawyers

What is the Law in California for Defense to Use or Appropriation of Name or Likeness- California Civil Jury Instruction CACI 1805

California Law

CA Civil Jury Instructions

CACI 1805 - Defense to Use or Appropriation of Name or Likeness

As of September 1, 2010

California Civil Jury Instruction CACI 1805

1805. Affirmative Defense to Use or Appropriation of Name
or Likeness—First Amendment (Comedy III)

[Name of defendant] claims that [he/she] has not violated [name of
plaintiff]’s right of privacy because the [insert type of work, e.g.,
"picture"] is protected by the First Amendment’s guarantee of

freedom of speech and expression. To succeed, [name of defendant]

must prove either of the following:

1. That the [insert type of work, e.g., "picture"] adds something

new to [name of plaintiff]’s likeness, giving it a new

expression, meaning, or message; or

2. That the value of the [insert type of work, e.g., "picture"]

does not result primarily from [name of plaintiff]’s fame.

If you have a legal issue in California which involves What is the Law in California for the Defense to Use or Appropriation of Name or Likeness, call the Law Firm of Attorney Sebastian Gibson. With over thirty years of experience in the U.S. and internationally, California Civil Lawyer Sebastian Gibson is the attorney to call for all your legal matters in the State of California.

We invite you to explore the web site of California Lawyer Sebastian Gibson and see how we can assist you in other areas of federal and state law as well.

These Practice Areas are provided as a guide to the category where your legal matter may fit in and show the areas in which our offices either has experience or has an interest in. The Law Offices of Sebastian Gibson may not have had cases similar to yours in these areas of law, and some of these practice areas are new developing areas of the law. To the extent that Sebastian Gibson has not had experience in your specific practice area or type of case in these areas of practice, The Law Offices of Sebastian Gibson feel confident that either your matter can be properly researched by our offices or handled with the assistance of other attorneys that can be associated in on your case.

© 2011 R. Sebastian Gibson

Copyright © 2011 Sebastian Advertising Law Firm of Attorney R. Sebastian Gibson ~ Serving all of Southern California, the Palm Springs Desert Area, Riverside, the Inland Empire, San Bernardino, Los Angeles, San Diego, Orange County, Ventura, San Luis Obispo, the Central Coast & Santa Barbara from our law offices in Rancho Mirage, CA ~ Established 1984

This web site and all of the legal materials contained in this site in connection with copyright attorneys, trademark lawyers, patent law, publishing law, personal injury and auto accident lawyers, corporations, international law and intellectual property as well as all the other areas of law mentioned, have been prepared for informational purposes only by our California law firm, may not be used by other lawyers or attorneys and are general in nature. This web site is not intended by our law firm's attorneys and lawyers to be advertising and any testimonial information or endorsement contained herein with respect to results obtained for other clients does not constitute a guarantee or warranty, or prediction regarding the outcome of your legal matter. The information contained herein, prepared by our attorneys and lawyers, is not intended as formal legal advice nor is the transmission of this information intended to create an attorney-client relationship. Internet subscribers and online readers should seek their own professional advice and should not act or rely upon this information without further advice from a legal professional, law firm, attorney or lawyer in your state with respect to each individual legal matter involved.