OR APPROPRIATION OF THE NAME AND LIKENESS OF A FAMOUS PERSON
In Nevada, the elements for a claim of invasion of privacy by invasion of the right of publicity or appropriation of the name and likeness of a famous person are:
- Defendant uses the name, voice, signature, photograph or likeness of another by a person, firm or corporation;
- Without the permission of the person;
- The misappropriation of the person’s likeness or identity is a personal injury;
- Defendant sought and obtained commercial value from the misappropriation of the person’s name or likeness;
- The commercial value belongs to the famous person;
- Plaintiff is entitled to compensation for damages of not less than $750 for the commercial value taken by the defendant; and
- Plaintiff is entitled to injunctive relief and punitive damages.
NRS 597.770 – NRS 597.810; People for the Ethical Treatment of Animals v. Bobby Berosini, Ltd., 895 P.2d 1269, 1278 (Nev. 1995); Hetter v. District Court, 110 Nev. 513, 519 (Nev. 1994).
See elements for other claims at the Nevada Law Library