California First-Year Law Students' Exam (Baby Bar) — MCTortsEasy
A popular social media influencer posted a video of a stranger walking down the street, clearly identifiable, and without their consent, used the video in an advertisement for a new brand of sneakers, implying the stranger endorsed the product. The stranger was embarrassed and felt their image was exploited. Which privacy tort has most likely been committed?
- AAppropriation of Likeness
- BPublic Disclosure of Private Facts
- CIntrusion upon Seclusion
- DFalse Light
Show answer & explanationAnswer & explanation
Correct answer: A. Appropriation of Likeness
Appropriation of likeness occurs when someone uses another person's name or likeness for commercial advantage without their consent. The influencer used the stranger's identifiable image in an advertisement for financial gain without permission.
Why the other options are wrong
- B. Public disclosure of private facts involves publishing highly offensive private information, not merely using one's image for commercial purposes.
- C. Intrusion upon seclusion involves physically or technologically invading someone's private space or affairs, which wasn't the primary act here.
- D. False light involves portraying someone in a highly offensive false light to the public, which is distinct from exploiting their image for commercial gain.
Appropriation of Likeness
The unauthorized use of a person's name, likeness, or identity for commercial gain.
- Unauthorized use.
- Name, likeness, or identity.
- For commercial advantage.
- Lack of consent.
Memory trick: Private lives, public eyes, commercial lies.