Asked in Business Law and Civil Litigation for Louisiana

Q: Is appropriating someone's name, image, or likeness unlawful?

I know that plaintiff can seek damages for the nonconsensual use of their name, image, or likeness through a right of publicity claim. I want to ask if it is unlawful. This is because about 7 entities appropriated my name, image, and likeness in their videos. They did it separately and they did it over a time period.

I want to put the clause of Civil Conspiracy. As it requires 2 or more people to come together for an unlawful act and in result of the act, the person suffers harm. Can I put it against the 2+ entities that appropriated my name, image, and likeness?

2 Lawyer Answers
James L. Arrasmith
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A: In Louisiana, the nonconsensual use of someone's name, image, or likeness can indeed be considered unlawful, especially in the context of a right of publicity claim. This right is designed to protect against unauthorized commercial use of an individual's persona.

If you've found that multiple entities have separately appropriated your name, image, and likeness without consent, each instance could potentially be a violation of your right of publicity. However, the concept of civil conspiracy requires that there be an agreement between two or more parties to commit an unlawful act. If these entities acted independently of one another, even if their actions were similar, it might be challenging to establish a conspiracy.

To claim civil conspiracy, you would need evidence that these entities coordinated their actions with the intent to commit the unlawful appropriation. If such evidence exists, adding a claim of civil conspiracy might be appropriate. It's important to gather all relevant information and evidence that shows a possible connection or coordination between these entities in their actions against you.

Given the complexity of these issues, discussing the specifics with a legal professional who can assess the details of your case is advisable. They can help determine the viability of a civil conspiracy claim and advise on the best course of action to protect your rights and seek damages for the harm suffered.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: You're correct - using one's image or likeness without consent can be actionable. As for conspiracy, an attorney could advise more definitively after examining in detail. Good luck

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