context: Liability under this legal theory is generally limited to unauthorized use in connection with the promotion or advertisement of a product or service and not, as is the case here, for use in a magazine story. This is true even if the article was arguably motivated by The Surfer's Journal's desire for profits or tangentially results in increased income.
citation_a.signal: see also
citation_a.identifier: 25 Cal.3d 860, 867
citation_a.parenthetical: "Entertainment is entitled to the same constitutional protection as the exposition of ideas."
citation_a.sentence: See Restatement (Second) of Torts § 652C, cmt. d (1977) (“It is only when the publicity is given for the purpose of appropriating to the defendant’s benefit the commercial or other values associated with the name or the likeness that the right of privacy is invaded. The fact that the defendant is engaged in the business of publication, for example of a newspaper, out of which he makes or seeks to make a profit, is not enough to make the incidental publication a commercial use of the name or likeness. Thus a newspaper, although it is not a philanthropic institution, does not become liable under the rule stated in this Section to every person whose name or likeness it publishes.”); Daly v. Viacom, Inc., 238 F.Supp.2d 1118, 1122-23 (N.D.Cal.2002) (finding that the First Amendment protected use of the plaintiffs likeness in advertisements for a television show because the television show was an expressive work and the advertisements were an adjunct of the protected work and promoted the protected expression); see also Guglielmi v. Spelling-Goldberg Prods., 25 Cal.3d 860, 867, 160 Cal.Rptr. 352, 603 P.2d 454 (Cal.1979) (“Entertainment is entitled to the same constitutional protection as the exposition of ideas.”).
citation_b.signal: see
citation_b.identifier: 238 F.Supp.2d 1118, 1122-23
citation_b.parenthetical: finding that the First Amendment protected use of the plaintiffs likeness in advertisements for a television show because the television show was an expressive work and the advertisements were an adjunct of the protected work and promoted the protected expression
citation_b.sentence: See Restatement (Second) of Torts § 652C, cmt. d (1977) (“It is only when the publicity is given for the purpose of appropriating to the defendant’s benefit the commercial or other values associated with the name or the likeness that the right of privacy is invaded. The fact that the defendant is engaged in the business of publication, for example of a newspaper, out of which he makes or seeks to make a profit, is not enough to make the incidental publication a commercial use of the name or likeness. Thus a newspaper, although it is not a philanthropic institution, does not become liable under the rule stated in this Section to every person whose name or likeness it publishes.”); Daly v. Viacom, Inc., 238 F.Supp.2d 1118, 1122-23 (N.D.Cal.2002) (finding that the First Amendment protected use of the plaintiffs likeness in advertisements for a television show because the television show was an expressive work and the advertisements were an adjunct of the protected work and promoted the protected expression); see also Guglielmi v. Spelling-Goldberg Prods., 25 Cal.3d 860, 867, 160 Cal.Rptr. 352, 603 P.2d 454 (Cal.1979) (“Entertainment is entitled to the same constitutional protection as the exposition of ideas.”).