What is the common law and statutory right of publicity regarding the use of a person's name?

California, United States of America


The following excerpt is from Ramirez v. Rusich Bros. Enters., Inc., E064185 (Cal. App. 2017):

common law and statutory right of publicity. [Citation.] The common law cause of action may be stated by pleading the defendant's unauthorized use of the plaintiff's identity; the appropriation of the plaintiff's name, voice, likeness, signature, or photograph to the defendant's advantage, commercially or otherwise; and resulting injury. [Citations.] The statutory right, enacted in 1971, was intended to complement this common law right of publicity. [Citations.] It provides, in pertinent part: 'Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person's prior consent . . . shall be liable for any damages sustained by the person or persons injured as a result thereof.' (Civ. Code, 3344, subd. (a).)" (Ross v. Roberts (2013) 222 Cal.App.4th 677, 684-685.)

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