What is required for a plaintiff to recover for misappropriation of the right to publicity?

To establish a claim for misappropriation of the right to publicity, a key requirement is that the defendant’s action must be unauthorized. This element is fundamental because the essence of the tort lies in the improper use of another's identity or likeness for commercial advantage without their consent.

The law protects individuals from having their name, image, or persona used by others without permission, especially when it is done for profit. If the defendant used the plaintiff's likeness or identity without authorization, then the plaintiff has a viable claim for misappropriation. This unauthorized use can lead to reputational harm and economic loss, warranting legal protection under tort law.

While other aspects touch on related concepts (such as economic gain or consent), they do not capture the essence of the core requirement needed to establish liability in these cases. In contrast, considerations about benefiting from the appropriation or not causing injury do not serve to directly establish the tort itself, which is centered primarily on the issue of authorization.