August 9, 2021

What is misappropriation of name and likeness in Texas?

You might be able to pursue compensation if someone uses your name, voice, picture, or likeness in advertising or in another unauthorized manner. Misappropriation of name and likeness is the legal term for this issue in Texas.

Damages you could recover

Defamation law allows you to recover both general and special damages for misappropriation of your name and likeness. Special damages refer to economic losses, such as wages. General damages consist of non-monetary damages like mental anguish.

Celebrities have won lawsuits when a company's advertisement used their likeness. An example is when Ford Motor Company had a singer mimic Bette Midler's voice for an advertisement. Even though it wasn't actually Midler's voice, it was too similar.

After death

Texas protects a person's name and likeness for 50 years after their death. The legal term for this is right of publicity. You can arrange for your right to transfer to a person you trust after your death so that they can enforce the protection of your name and likeness. For a small fee of $25, you can register this property right transfer with the Secretary of State. It provides additional protection in case someone tries to challenge them.

There are some situations in which others can use a deceased person's name. News stories, political content, and fine art are exceptions to the right of publicity. The law allows the use of a deceased person's name and likeness for books, plays, movies, radio programs, and television programs.

In many situations, you could recover damages for misappropriation of your name and likeness in Texas. Even if a company doesn't directly use your voice or picture, it's possible to receive compensation due to people assuming it was you.

Protect your name and Likeness!!! Call a Texas Defamation Lawyer Today!

If your name and likeness has been misappropriated, then you need immediate legal help. Don't wait!  This is your name and likeness at stake!!  Call our Texas Defamation Lawyers or our Texas Entertainment Lawyers at Rose Sanders Law at 713-231-9288 to get immediate help.  Remember you need it now!!!

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