What is the Law in California for Use of Name or Likeness - California Civil Jury Instruction CACI 1804A
California Law
CA Civil Jury Instructions
CACI 1804A - Use of Name or Likeness
As of September 1, 2010
California Civil Jury Instruction CACI 1804A
1804A. Use of Name or Likeness (Civ. Code, § 3344)
[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 did not occur in connection with a news,
public affairs, or sports broadcast or account, or with a
political campaign;
3. That [name of defendant] did not have [name of plaintiff]’s
consent;
4. 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;
5. That [name of plaintiff] was harmed; and
6. That [name of defendant]’s conduct was a substantial factor
in causing [name of plaintiff]’s harm.
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