Appropriation occurs when a defendant uses a plaintiff’s name, likeness, or image without their permission for commercial purposes. Appropriation is one of several torts falling under the category of invasion of privacy. When a defendant uses a plaintiff's name or liken…
appropriation in U.S. law
Generally in an appropriation case, the plaintiff must prove several elements. California Jury Instructions regarding appropriation set out 5 essential factual elements for jurors.
• The defendant used the plaintiff’s name or likeness,
• The plaintiff did not consent,
• The defendant gained a commercial benefit (or some other advantage),
• The plaintiff was harmed, and
• The defendant’s conduct was a substantial factor in causing the plaintiff’s harm. Jurisdictions differ slightly on these elements but they generally follow this format.
• See e.g., Blanch v. Koons 485 F. Supp. 2d 516 (2007).In dealing with water rights, appropriation refers to the assignment of a permanent legal right over a specific amount of water under the prior appropriation doctrine.
• See e.g., Bassett v. State of Wash. Dep't of Ecology, 8 Wash. App. 2d 284 (2019)
The practical impact of appropriation
appropriation appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.
appropriation — procedural details
In practice, appropriation is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Cornell LII Wex , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.