Caution: May not be up to date.
California Civil Code § 3344.
(a) Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner,
on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products,
merchandise, goods or services, without such person's prior consent, or, in the case of a minor, the prior consent of his
parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof.
In addition, in any action brought under this section, the person who violated the section shall be liable to the injured
party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered
by him or her as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the
use and are not taken into account in computing the actual damages. In establishing such profits, the injured party or
parties are required to present proof only of the gross revenue attributable to such use, and the person who violated
this section is required to prove his or her deductible expenses. Punitive damages may also be awarded to the injured
party or parties.
The prevailing party in any action under this section shall also be entitled to attorney's fees and costs.
(b) As used in this section, "photograph" means any photograph or photographic reproduction, still or moving, or any
videotape or live television transmission, of any person, such that the person is readily identifiable.
(1) A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with
the naked eye can reasonably determine that the person depicted in the photograph is the same person who is
complaining of its unauthorized use.
(2) If the photograph includes more than one person so identifiable, then the person or persons complaining of the
use shall be represented as individuals rather than solely as members of a definable group represented in the
photograph. A definable group includes, but is not limited to, the following examples: a crowd at any sporting event, a
crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball
(3) A person or persons shall be considered to be represented as members of a definable group if they are
represented in the photograph solely as a result of being present at the time the photograph was taken and have not
been singled out as individuals in any manner.
(c) Where a photograph or likeness of an employee of the person using the photograph or likeness appearing in the
advertisement or other publication prepared by or in behalf of the user is only incidental, and not essential, to the
purpose of the publication in which it appears, there shall arise a rebuttable presumption affecting the burden of
producing evidence that the failure to obtain the consent of the employee was not a knowing use of the employee's
photograph or likeness.
(d) For purposes of this section, a use of a name, voice, signature, photograph, or likeness in connection with any
news, public affairs, or sports broadcast or account, or any political campaign, shall not constitute a use for which
consent is required under subdivision (a).
(e) The use of a name, voice, signature, photograph, or likeness in a commercial medium shall not constitute a use for
which consent is required under subdivision (a) solely because the material containing such use is commercially
sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the person's
name, voice, signature, photograph, or likeness was so directly connected with the commercial sponsorship or with the
paid advertising as to constitute a use for which consent is required under subdivision (a).
(f) Nothing in this section shall apply to the owners or employees of any medium used for advertising, including, but
not limited to, newspapers, magazines, radio and television networks and stations, cable television systems, billboards,
and transit ads, by whom any advertisement or solicitation in violation of this section is published or disseminated,
unless it is established that such owners or employees had knowledge of the unauthorized use of the person's name,
voice, signature, photograph, or likeness as prohibited by this section.
(g) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by
3344.5. (a) Any person whose signature is used in violation of, and any candidate for elective office whose election
or defeat is expressly advocated in any campaign advertisement that violates, subdivision (b) of Section 115.1 of the
Penal Code, shall have a civil cause of action against any person committing the violation.
(b) If a mass mailing or other printed matter that violates subdivision (b) of Section 115.1 of the Penal Code
expressly advocates the election or defeat of more than one candidate only a person whose signature is used and the
candidate or candidates to whom the unauthorized signature directly relates shall have a civil cause of action pursuant
to this section.
(c) Any person bringing a cause of action pursuant to this section may recover damages in an amount of two times
the cost of the communication, but not to exceed fifty thousand dollars ($50,000), with regard to which the
unauthorized signature was used.
(d) As used in this section, "signature" means either of the following:
(1) A handwritten or mechanical signature, or a copy thereof.
(2) Any representation of a person's name, including, but not limited to, a printed or typewritten representation, that
serves the same purpose as a handwritten or mechanical signature.