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CACI 1804A

What Is Use of Name or Likeness Law in California

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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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