What must a plaintiff demonstrate in a privacy tort involving appropriation?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

In a privacy tort involving appropriation, the plaintiff must demonstrate unauthorized use for commercial advantage. This tort specifically addresses situations where an individual's name or likeness is used without their consent for commercial purposes. The core idea is that individuals have the right to control the commercial use of their identity, and if someone exploits that identity without permission, it can harm the individual's interests.

To maintain an appropriation claim, it does not suffice to show mere unauthorized use; it must specifically be for commercial gain. This is distinct from other privacy torts that might not require a commercial connection.

Demonstrating unauthorized use establishes that the plaintiff’s identity was utilized without consent. Furthermore, linking this unauthorized use to a commercial advantage highlights the significance of the plaintiff's claim, emphasizing a violation of their rights and potential financial harm to their personal brand or reputation.

The other options do not align with the fundamental requirements for an appropriation claim. Profit gained from the use is not necessary to prove liability; the focus is more on the unauthorized nature of the use itself. Permission is indeed relevant to many legal contexts, but in appropriation cases, it is the lack of permission that establishes the basis for the claim. Finally, negligence is not the standard in appropriation torts,

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