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CACI 1804B

What Is Use of Name or Likeness in News Public Sports Politics Law in California

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What is the Law in California for Use of Name or Likeness in News Public Sports Politics - California Civil Jury Instruction CACI 1804B

California Law

CA Civil Jury Instructions

CACI 1804B - Use of Name or Likeness in News Public Sports Politics

As of September 1, 2010

California Civil Jury Instruction CACI 1804B

1804B. Use of Name or Likeness—Use in Connection With

News, Public Affairs, or Sports Broadcast or Account, or

Political Campaign (Civ. Code, § 3344(d))

[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] knowingly used [name of plaintiff]’s

[name/voice/signature/photograph/likeness] [on

merchandise/ [or] to advertise or sell [describe what is being

advertised or sold]];

2. That the use occurred in connection with a [[news/public

affairs/sports] broadcast or account/political campaign];

3. That the use contained false information;

4. [Use for public figure: That [name of defendant] knew the

[broadcast or account/campaign material] was false or that

[he/she/it] acted with reckless disregard of its falsity;]

4. [or]

4. [Use for private individual: That [name of defendant] was

negligent in determining the truth of the [broadcast or

account/campaign material];]

5. That [name of defendant]’s use of [name of plaintiff]’s [name/

voice/signature/photograph/likeness] was directly connected

to [name of defendant]’s commercial purpose;

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

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

in causing [name of plaintiff]’s harm.

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