1804A. Use of Name or Likeness (Civ. Code, � 3344) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] violated [his/her] right to privacy. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] knowingly used [name of plaintiff]'s [name/voice/signature/photograph/likeness] [on merchandise/[or] to advertise or sell [describe what is being advertised or sold]]; That the use did not occur in connection with a news, public affairs, or sports broadcast or account, or with a political campaign; That [name of defendant] did not have [name of plaintiff]'s consent; That [name of defendant]'s use of [name of plaintiff]'s [name/voice/signature/photograph/likeness] was directly connected to [name of defendant]'s commercial purpose; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. 2. 3. 4. 5. 6. ________________________________________________________________________________ Derived from former CACI No. 1804 April 2008; Revised April 2009