In cases of privacy tort, what must a plaintiff prove regarding their image or name?

In privacy tort cases, particularly those involving the unauthorized use of a person's image or name, the plaintiff must demonstrate that the defendant's use was without permission and for commercial advantage. This aspect focuses on the defendant profiting from the use of the plaintiff's likeness or identity without their consent.

The law protects individuals from having their image or name used in advertising, promotions, or similar contexts without authorization, recognizing that such exploitation infringes on personal rights and can lead to significant harm, both financially and emotionally. Therefore, establishing that the defendant gained a commercial benefit from the unauthorized use is a crucial element of the plaintiff's claim.

While other options may touch on relevant aspects of privacy rights, they do not encapsulate the central requirement of proving that the defendant's use was for their commercial gain without consent, which is paramount in establishing liability in these cases.