1804B. Use of Name or Likeness--Use in Connection With News, Public Affairs, or Sports Broadcast or Account, or Political Campaign (Civ. Code, § 3344(d)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] violated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 occurred in connection with a [[news/public affairs/sports] broadcast or account/political campaign]; That the use contained false information; [Use for public figure: That [name of defendant] knew the [broadcast or account/campaign material] was false or that [he/she/it] acted with reckless disregard of its falsity;] [or] [Use for private individual: That [name of defendant] was negligent in determining the truth of the [broadcast or account/campaign material];] 5. 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 2. 3. 4. 6. 7. 1804B. Use of Name or Likeness--Use in Connection With News, Public Affairs, or Sports Broadcast or Account, or Political Campaign (Civ. Code, § 3344(d)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [name of plaintiff]'s harm. ________________________________________________________________________________ Derived from former CACI No. 1804 April 2008; Revised April 2009