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