Misappropriation of Image or Likeness

Misappropriation of image or likeness may refer to various actions that violate an individual’s control over how their identity is used, particularly in commercial contexts. The meaning of misappropriation of image or likeness can vary depending on jurisdiction and specific circumstances, but it generally involves using someone’s recognizable attributes without their consent for financial gain or other advantages.

Key aspects of misappropriation of image or likeness include:

1. Commercial use: Using someone’s identity to promote or sell products or services without permission.
2. False endorsement: Implying that a person endorses a product or service when they do not.
3. Invasion of privacy: Using someone’s image or likeness in a way that violates their reasonable expectation of privacy.
4. Identity theft: Using someone’s likeness to impersonate them for fraudulent purposes.

Examples of misappropriation of image or likeness can include:

1. Using a celebrity’s photo in an advertisement without permission
2. Creating merchandise featuring a person’s image without authorization
3. Using someone’s name or likeness in a video game or film without consent
4. Deepfake videos that place a person’s likeness in compromising or false situations

From an insurance perspective, protection against claims of misappropriation of image or likeness often falls under commercial general liability (CGL) policies, specifically within the personal and advertising injury coverage. However, businesses in media, entertainment, or advertising may need specialized coverage like media liability insurance for more comprehensive protection.

It’s important to note that laws governing misappropriation of image or likeness can vary significantly between jurisdictions. In the United States, the right of publicity is primarily governed by state laws, with some states offering stronger protections than others.

To avoid misappropriation of image or likeness claims, businesses should:

1. Obtain proper licenses or permissions before using anyone’s image or likeness for commercial purposes
2. Be cautious when using images of public figures or celebrities in marketing materials
3. Implement clear policies for the use of personal images in advertising and promotional content
4. Seek legal counsel when uncertain about the use of someone’s image or likeness

Understanding and respecting the rights associated with an individual’s image or likeness is crucial for businesses to avoid legal disputes and maintain ethical marketing practices. By obtaining proper permissions and being mindful of privacy rights, companies can protect themselves from potential misappropriation claims while respecting individuals’ control over their personal identity.