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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:

  1. Defendant uses the name, voice, signature, photograph or likeness of another by a person, firm or corporation;
  2. Without the permission of the person;
  3. The misappropriation of the person’s likeness or identity is a personal injury;
  4. Defendant sought and obtained commercial value from the misappropriation of the person’s name or likeness;
  5. The commercial value belongs to the famous person;
  6. Plaintiff is entitled to compensation for damages of not less than $750 for the commercial value taken by the defendant; and
  7. 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

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Please see http://nevadalaw.info/disclaimer

 

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