For purposes of the appropriation tort, the trick sometimes is determining
whether the individual’s name or likeness was used for a commercial purpose.
How would you categorize the following unauthorized uses: (a) Putting
an employee’s picture on the front of the company’s monthly employee newsletter?
(b) Using a business customer’s picture on the cover of the company’s
shareholder magazine? (c) Using a campaign contributor’s name in a political
ad urging support for a senatorial candidate? (d) Using an individual doctor’s
picture on a flyer for a cancer society fundraising event? (e) Using a college
professor’s picture in a calendar being sold on campus to raise funds for a
fraternity?