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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 business law, business litigation, and acting as an Arbitrator and Mediator.

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