Legal Definitions - appropriation

In legal terms, appropriation, particularly within the realm of privacy law, refers to the unauthorized use of an individual's name, image, or likeness for commercial purposes. It is considered a form of invasion of privacy.

Essentially, if a person or company uses someone's identity to promote a product, service, or business without their permission, they may be committing appropriation. This legal concept aims to protect an individual's right to control how their identity is used, especially when it comes to generating profit. However, using someone's name or image for a genuinely newsworthy story or public interest report typically does not count as appropriation, as it falls under different legal protections like freedom of the press.

Here are some examples to illustrate this concept:

• Example 1: Unauthorized Celebrity Endorsement

  A new energy drink company launches an advertising campaign featuring a famous pop singer's image prominently displayed on billboards and social media posts, suggesting she endorses their product. The singer, however, never agreed to this, nor was she compensated for the use of her likeness. The company used her image without permission to commercially benefit from her fame and appeal.

  This illustrates appropriation because the company used the singer's recognizable image for a commercial purpose (promoting a product) without her consent.

• Example 2: Misuse of a Non-Celebrity's Photo

  A local coffee shop takes a photograph of a customer enjoying a latte, which the customer had posted publicly on their social media. Without asking for permission, the coffee shop then uses this photo on its official website and in print flyers to advertise its cozy atmosphere and delicious drinks. The customer is not a public figure and did not consent to their image being used for marketing.

  This is an example of appropriation because the coffee shop used the customer's likeness for commercial advertising (to attract more business) without obtaining their permission.

• Example 3: Impersonation for Product Promotion

  A clothing brand creates a series of animated commercials featuring a cartoon character that is unmistakably designed to look and sound like a well-known comedian, mimicking their signature style, catchphrases, and appearance. The comedian was not consulted, did not give permission, and received no payment for the use of their distinctive persona to sell the brand's apparel.

  This demonstrates appropriation because the clothing brand used the comedian's unique and recognizable likeness and persona for commercial gain (to sell clothes) without their authorization.