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LSDefine
Simple English definitions for legal terms
appropriation
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A quick definition of appropriation:
Appropriation: When someone uses another person's name, picture, or image without their permission to make money or gain some other advantage, it is called appropriation. This is considered a violation of privacy. However, if the person's name or image is used for a newsworthy purpose, it is not considered appropriation. To prove appropriation, the person whose name or image was used must show that they did not give permission, that the other person benefited from it, that they were harmed, and that the other person's actions caused the harm.
A more thorough explanation:
Appropriation is a legal term that refers to the unauthorized use of someone's name, image, or likeness for commercial purposes. This is considered a violation of privacy and can result in legal action against the person or company responsible.
For example, if a company uses a celebrity's image in an advertisement without their permission, that would be considered appropriation. Similarly, if a photographer takes a picture of someone and uses it in a commercial context without their consent, that would also be appropriation.
In order for a plaintiff to prove appropriation, they must show that the defendant used their name or likeness without their consent, that the defendant gained some kind of commercial benefit from the use, and that the plaintiff was harmed as a result. If all of these elements are present, the plaintiff may be able to recover damages.
It's important to note that there are some exceptions to the tort of appropriation. For example, if a person's name or likeness is used for a newsworthy purpose, such as in a news article or documentary, that would not be considered appropriation.