Florida offers both statutory and common law protection against use of a person’s name or likeness without consent. The statute was passed in 1967 and expressly leaves in place the common law right to privacy.
Florida law has a statute that prohibits the unauthorized publication or other public use of a person’s name or likeness “for purposes of trade or for any commercial or advertising purpose” without consent.
Courts have treated the misappropriation tort akin to a right of publicity.
The Florida statute specifically states that it does not preempt any “remedies or rights” under the common law for the invasion of privacy. Florida has long recognized the right to privacy, and its appropriation branch. Some federal courts have suggested that the common law tort’s elements are identical to those under the statute.
Cason v. Baskin, 20 So. 2d 243 (Fla. 1944)Loft v. Fuller, 408 So. 2d 619 (Fla. Ct. App. 1981)
Almeida v. Amazon.com, Inc., 456 F.3d 1316 (11th Cir.2006)
Coton v. Televised Visual X-Ography, Inc., 740 F. Supp.2d 1299 (M.D. Fla. 2010)
Florida law provides a statutory post-mortem term of 40 years. The common law right to privacy, however, appears to terminate with death.
Loft v. Fuller, 408 So. 2d 619 (Fla. Ct. App. 1981)
The Florida right of publicity statute provides a civil penalty of up to $1,000 for the use of the name or likeness of a member of the armed forces, but does not provide a similar right to civilians.