Restatement (Second) of Torts · Section § 652c
Overview of the Restatement (Second) of Torts Section 652c concerning the right of privacy and publicity.
Source: Restatement Restatement (Second) of Torts § § 652c
One who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other.
Section 652c addresses the right of an individual to protect their name or likeness from being used without permission for someone else's benefit. If a person's identity is used for commercial purposes without consent, they can sue for appropriation.
This section establishes the tort of appropriation, focusing on the unauthorized commercial use of a person's identity.
Liability arises regardless of whether the defendant intended to cause harm.
Illustration 1
A company uses a celebrity's image in an advertisement without permission, leading to potential liability under § 652c.
Illustration 2
An artist incorporates a well-known individual’s likeness in a for-profit artwork without consent, which could infringe on the subject's rights.
The Supreme Court held that the unauthorized broadcasting of a performer’s act constituted appropriation under § 652c.
The court ruled that Samsung's use of a look-alike robot in their ad campaign without permission was an appropriation of Vanna White's likeness.
Section 652c is crucial for individuals seeking to protect their personal brand and identity from unauthorized commercial use. It emphasizes the importance of consent in commercial contexts and provides a legal basis for individuals to seek redress.