What must occur for a plaintiff's right to publicity to be considered misappropriated?

For a plaintiff's right to publicity to be considered misappropriated, it is essential that the defendant benefits from using the plaintiff's identity or likeness without proper authorization. This means that if a person or entity uses another individual's persona—such as their name, image, or likeness—for commercial purposes without consent, it constitutes misappropriation.

The focus here is on the unauthorized benefit gained by the defendant from the use of the plaintiff's identity, which is a core concern of right of publicity claims. The law seeks to protect individuals from having their identity used for profit without their permission, as it can cause them harm both financially and personally.

In this context, while consent, proof of injury, or awareness of appropriation might have varying significance in other legal theories, the key element that must be satisfied for a claim of misappropriation is the unauthorized benefit gained by the defendant. Thus, the correct understanding hinges on the concept that the plaintiff has not acquiesced to the use of their persona for the defendant's gain.