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5 Frequently Asked Questions About Internet Defamation Lawsuits
Have you been falsely attacked on social media, received a defamatory one star review or fake Google review on your business…
Using the name of likeness of another occurs when a business or individual uses someone’s name, photograph, or other defining attributes or “likeness” for commercial purposes, such as advertising or other promotional activities. It may also occur when a person’s identity is used by another for the other person’s own personal benefit, whether or not the purpose is strictly commercial. There are two distinct legal claims that apply to these kinds of unauthorized uses.
The first type of claim is invasion of privacy through misappropriation of name or likeness. The second is the violation of the right of publicity. The right of publicity is the right of a person to control and make money from the commercial use of his identity.
A plaintiff must generally establish three elements to sue for an unlawful use of name or likeness:
Similar to the tort of defamation, consent is a defense to a legal claim for misappropriation of name or likeness or violation of the right of publicity. If the plaintiff gave oral or written consent to the use of name or likeness of another then the defendant will not be liable for the publication. However, the publication must not exceed the consent. Further, the plaintiff that originally had the consent can revoke that consent anytime before the use of their name or photograph takes place.
The second defense is the statute of limitations has expired. This term describes the maximum amount of time the plaintiff can wait before bringing a lawsuit. In using the name or likeness of other cases, the statute of limitations ordinarily runs from the date of first publication of the offending facts. It is common to be anywhere from one to three years.
A third defense is use of name or likeness for news or commentary. A defendant will generally not be held liable for using someone’s name, likeness, or other personal attributes in connection with reporting on matters of public interest.
One who has established a cause of action for invasion of his or her privacy is entitled to recover damages. The three most common are:
The law of using the name or likeness of another is complex. If you believe that you are a victim of this tort, contact the experienced internet defamation attorneys at Minc Law to evaluate your case. The laws regarding using the name or likeness of another vary depending on the state. Call today at (216) 373-7706 or fill out our online contact form to find out more information.
Get in touch with us and one of our dedicated paralegals will be in touch to help within 24-48 hours. Watch this video to learn more about what will happen when you submit this form.
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