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
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.
(1) Misappropriation of Publicity
(a) Defendant appropriates a valuable name or likeness,
(b) Without authorization,
(c) To Defendant’s commercial advantage.1