Appropriation is the fourth of William Prosser’s four privacy torts. In an influential paper of 1960, Prosser argued against the salience of the right to be let alone, traced in American law by Warren and Brandeis. He claimed instead that the privacy torts that actually existed in law did not furnish a broader principle of integrated coverage of a right to be let alone but were instead a set of four discrete and discontinuous protections.
Appropriation involves the defendant using the plaintiff’s name or likeness, or other aspect of their identity, for his or her (commercial or other) advantage without consent. Examples would be using someone’s image in an advertisement, or their name as a personal endorsement during a job interview. Defences include that the defendant was illustrating a news item or commentary (without placing the plaintiff in a false light), or that the likeness was altered for artistic reasons, resulting in a creative work.
Further reading:
See also: CELEBRITY PRIVACY, IDENTITY THEFT
Prosser, W.L., 1960. Privacy.California Law Review, 48, 383–423.
Warren, S.D. and Brandeis, L.D., 1890. The right to privacy. Harvard Law Review, 4, 193–220.
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Prosser, W.L., 1960. Privacy.California Law Review, 48, 383–423.
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Warren, S.D. and Brandeis, L.D., 1890. The right to privacy. Harvard Law Review, 4, 193–220.
