Violation of Right of Publicity

  1. Introduction

  2. Similar to a statutory claim based on a violation of a right of publicity, a common law claim can also be asserted if a WMC victim’s name or likeness is used for the defendant’s commercial gain.

  3. Elements

    1. (1) Misappropriation of Publicity

        (a) Defendant appropriates a valuable name or likeness,

        (b) Without authorization,

        (c) To Defendant’s commercial advantage.1

  4. Practice Pointers

    Claims interpreted by the court as concerning a plaintiff’s right to property, such as claims of right to publicity, may be subject to a two year statute of limitation governing “[a]ny other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct.”2

  1. Lewis v. Marriott Int’l, Inc., 527 F. Supp. 2d 422, 428 (E.D. Pa. 2007). 

  2. Pa. Cons. Stat. § 5524(7).