Misappropriation
The use of a person's name or likeness for commercial purposes without consent is misappropriation. The law protects an individual from being exploited by others for their exclusive benefit. A person's entire name need not be used. If the person could reasonably be identified, the misappropriation claim probably will be valid.11
Use of a photograph to illustrate a newsworthy story is not misappropriation. Even if a photo is used to sell a magazine on a newsstand, courts usually will not consider that a trade or commercial purpose. The line between news and commercial use is not always clear, however, and even photographs used to illustrate an article may create liability for misappropriation if the article is considered to have an overriding commercial purpose.12
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