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Nevada Law Library

Invasion Of The Right Of Publicity Or Appropriation Of The Name And Likeness Of A Famous Person

In Nevada, the elements for a claim of invasion of privacy by invasion of the right of publicity or appropriation of the name and likeness of a famous person are:

1.†††††††† Defendant uses the name, voice, signature, photograph or likeness of another by a person, firm or corporation;

2.†††††††† Without the permission of the person;

3.†††††††† The misappropriation of the personís likeness or identity is a personal injury;

4.†††††††† Defendant sought and obtained commercial value from the misappropriation of the personís name or likeness;

5.†††††††† The commercial value belongs to the famous person;

6. ††††††† Plaintiff is entitled to compensation for damages of not less than $750 for the commercial value taken by the defendant; and

7.†††††††† Plaintiff is entitled to injunctive relief and punitive damages.

NRS 597.770 - NRS 597.810; People for the Ethical Treatment of Animals v. Bobby Berosini, Ltd., 895 P.2d 1269, 1278 (Nev. 1995); Hetter v. District Court, 110 Nev. 513, 519 (Nev. 1994).