Florida Statute 540.08 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 540
COMMERCIAL DISCRIMINATION

View Entire Chapter

F.S. 540.08

540.08 Unauthorized publication of name or likeness.—

(1) No person shall publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, portrait, photograph, or other likeness of any natural person without the express written or oral consent to such use given by:

(a) Such person; or

(b) Any other person, firm or corporation authorized in writing by such person to license the commercial use of her or his name or likeness; or

(c) If such person is deceased, any person, firm or corporation authorized in writing to license the commercial use of her or his name or likeness, or if no person, firm or corporation is so authorized, then by any one from among a class composed of her or his surviving spouse and surviving children.

(2) In the event the consent required in subsection (1) is not obtained, the person whose name, portrait, photograph, or other likeness is so used, or any person, firm, or corporation authorized by such person in writing to license the commercial use of her or his name or likeness, or, if the person whose likeness is used is deceased, any person, firm, or corporation having the right to give such consent, as provided hereinabove, may bring an action to enjoin such unauthorized publication, printing, display or other public use, and to recover damages for any loss or injury sustained by reason thereof, including an amount which would have been a reasonable royalty, and punitive or exemplary damages.

(3) If a person uses the name, portrait, photograph, or other likeness of a member of the armed forces without obtaining the consent required in subsection (1) and such use is not subject to any exception listed in this section, a court may impose a civil penalty of up to $1,000 per violation in addition to the civil remedies contained in subsection (2). Each commercial transaction constitutes a violation under this section. As used in this section, the term “member of the armed forces” means an officer or enlisted member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard of the United States, the Florida National Guard, and the United States Reserve Forces, including any officer or enlisted member who died as a result of injuries sustained in the line of duty.

(4) The provisions of this section shall not apply to:

(a) The publication, printing, display, or use of the name or likeness of any person in any newspaper, magazine, book, news broadcast or telecast, or other news medium or publication as part of any bona fide news report or presentation having a current and legitimate public interest and where such name or likeness is not used for advertising purposes;

(b) The use of such name, portrait, photograph, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or property where such person has consented to the use of her or his name, portrait, photograph, or likeness on or in connection with the initial sale or distribution thereof; or

(c) Any photograph of a person solely as a member of the public and where such person is not named or otherwise identified in or in connection with the use of such photograph.

(5) No action shall be brought under this section by reason of any publication, printing, display, or other public use of the name or likeness of a person occurring after the expiration of 40 years from and after the death of such person.

(6) As used in this section, a person’s “surviving spouse” is the person’s surviving spouse under the law of her or his domicile at the time of her or his death, whether or not the spouse has later remarried; and a person’s “children” are her or his immediate offspring and any children legally adopted by the person. Any consent provided for in subsection (1) shall be given on behalf of a minor by the guardian of her or his person or by either parent.

(7) The remedies provided for in this section shall be in addition to and not in limitation of the remedies and rights of any person under the common law against the invasion of her or his privacy.

History.—s. 1, ch. 67-57; s. 751, ch. 97-103; s. 2, ch. 2007-164; s. 16, ch. 2022-183.

F.S. 540.08 on Google Scholar

F.S. 540.08 on Casetext

Amendments to 540.08

Arrestable Offenses / Crimes under Fla. Stat. 540.08

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 540.08.

Annotations, Discussions, Cases:

Cases Citing Statute 540.08

Total Results: 20

LOUIS SPAGNUOLO, JAY LEWIS FARROW, AND FARROW LAW, P.A., vs INSURANCE OFFICE OF AMERICA, INC., JOHN K. RITENOUR, HEATH RITENOUR, ROY CASWELL, AND J. DAVID NAUGHTON, IV

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-28T00:00:00-08:00

Snippet: Appellees and constituted a violation of section 540.08, Florida Statutes (2020). The trial court made…injunction is specifically authorized by section 540.08, which states in pertinent part: (1) No …permission, it would appear to violate section 540.08, Florida Statutes, and that could be enjoined. …advertising; thus, there is no basis under section 540.08 to completely ban Appellants’ actions and communication…actions in violation of either Sections [540.08] and 817.568, Florida Statutes. The Court

JAY LEWIS FARROW AND FARROW LAW, P.A. vs INSURANCE OFFICE OF AMERICA, INC., JOHN K. RITENOUR, HEATH RITENOUR, JOSHUA D. CLARK, LAW OFFICES OF JOSHUA D. CLARK, P.A., LOUIS SPAGNUOLO, ROY CASWELL, J. DAVID NAUGHTON, WOODROW W. POWER, ET AL.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-28T00:00:00-08:00

JACLYN SWEDBERG v. GOLDFINGER'S SOUTH, INC., D/B/A SHOWGIRLS, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-16T00:53:00-07:00

Snippet: the instant action alleging violation of section 540.08, Florida Statutes, for the unauthorized publication…misappropriation cases brought under Fla. Stat. § 540.08 . . . .”). See, e.g., Christoff v. Nestle USA,

AVRA JAIN v. BUCHANAN INGERSOLL & ROONEY PC, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-16T00:53:00-07:00

Snippet: judge by Fla. R. Civ. P. 1.540 8 is of the broadest scope

Emma Gayle Weaver, etc. v. Stephen C. Myers, M.D.

Court: Fla. | Date Filed: 2017-11-09T00:00:00-08:00

Citation: 229 So. 3d 1118

Snippet: statutory and common law right of publicity. § 540.08, Fla. Stat. (2016); see, e.g., Cason v. Baskin,…the use of his or he^ name and likeness. Section 540.08, Florida Statutes, authorizes the surviving spouse…s publicity rights for up to forty years. See § 540.08(1), (5)-(7). Thus, it is clear that the right to

Ivana Vidovic Mlinar v. United Parcel Service, Inc.

Court: Fla. | Date Filed: 2016-03-03T00:00:00-08:00

Citation: 186 So. 3d 997

Snippet: unauthorized publication of name or likeness under section 540.08, Florida Statutes (2015); and violating- Florida

Balmoral Condominium Ass'n v. Grimaldi

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-23T00:00:00-08:00

Citation: 107 So. 3d 1149

Snippet: . Berman, Florida Civil Procedure at ¶¶ 530.1 — 540.8 (2008). As explained more fully below, rule 1.530

Vrasic v. Leibel

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-09T00:00:00-08:00

Citation: 106 So. 3d 485

Snippet: statutory misappropriation, in violation of section 540.08, Florida Statutes; property damage; and intentional

Bosem v. Musa Holdings, Inc.

Court: Fla. | Date Filed: 2010-09-23T00:00:00-07:00

Citation: 46 So. 3d 42

Snippet: biography was unauthorized and in violation of section 540.08, Florida Statutes, and the Lanham Act. Accordingly

Bosem v. Musa Holdings, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-04-15T00:00:00-07:00

Citation: 8 So. 3d 1185

Snippet: biography was unauthorized and in violation of section 540.08, Florida Statutes, and the Lanham Act. Accordingly

Jews for Jesus, Inc. v. Rapp

Court: Fla. | Date Filed: 2008-10-23T00:00:00-07:00

Citation: 997 So. 2d 1098

Snippet: commercial appropriation is set forth in section 540.08, Florida Statutes (2007). See generally Tyne v.

Tyne v. Time Warner Entertainment Co.

Court: Fla. | Date Filed: 2005-04-21T00:53:00-07:00

Citation: 901 So. 2d 802

Snippet: misappropriation under section 540.08, Florida Statutes, the district court held that section 540.08 applies only to …plaintiff's section 540.08 argument, reasoning as follows: Under Fla. Stat. § 540.08, the terms "trade… section 540.08(1), the use was exempted under the newsworthiness exemption of section 540.08(3)(a). Thus…#x27;s commercial misappropriation law [section 540.08, Florida Statutes (2000)][2] and for common law…likeness in a publication is not actionable under § 540.08. A motion picture is not, therefore, in and of

Weinstein Design Group, Inc. v. Fielder

Court: Fla. Dist. Ct. App. | Date Filed: 2004-09-29T00:00:00-07:00

Citation: 884 So. 2d 990

Snippet: liability under section 540.08(3); (2) whether Weinstein was liable under section 540.08 for a set of allegedly…without his authorization, in violation of section 540.08, Florida Statutes, and for the common law tort …name without his consent in violation of section 540.08, Florida Statutes, and to committing common law…constitutes, as a matter of law, an exception to section 540.08, Florida Statutes, and therefore should not have…submitted to the jury for consideration. Section 540.08, entitled "Unauthorized publication of name

Pappas v. Smart Health U.S.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-11-19T00:00:00-08:00

Citation: 861 So. 2d 84

Snippet: invasion of privacy and a violation of section 540.08, Florida Statutes (2000), which imposes liability

Jensen v. Rice

Court: Fla. Dist. Ct. App. | Date Filed: 2002-03-13T00:00:00-08:00

Citation: 809 So. 2d 895

Snippet: #x27;s name and picture in violation of section 540.08, Florida Statutes (2000). In response to the complaint

Baucom v. Haverty

Court: Fla. Dist. Ct. App. | Date Filed: 2001-11-20T23:53:00-08:00

Citation: 805 So. 2d 959

Snippet: unauthorized publication of name or likeness under section 540.08, Florida Statutes (1997), two counts of invasion…involved a cause of action brought pursuant to section 540.08 based on the publication of a photograph in a book

Sun International Bahamas, Ltd. v. Wagner

Court: Fla. Dist. Ct. App. | Date Filed: 2000-05-10T00:00:00-07:00

Citation: 758 So. 2d 1190

Snippet: and $250,000.00 in punitive damages under section 540.08, Florida Statutes (1997), for the unauthorized

Comptech Intern., Inc. v. Milam Commerce Park, Ltd.

Court: Fla. | Date Filed: 1999-10-28T00:53:00-07:00

Citation: 753 So. 2d 1219

Snippet: publication action brought pursuant to section 540.08, Florida Statutes (1993).[5] In ruling that the… of action, as it has expressly done in section 540.08, it is presumed to know the common law of contract… does not bar his cause of action under section 540.08 for unauthorized use of his likeness in ads directed…conduct under state or local law." [5] Section 540.08(6), Florida Statutes (1993), provides: The remedies

Putnam Berkley Group, Inc. v. Dinin

Court: Fla. Dist. Ct. App. | Date Filed: 1999-05-26T00:53:00-07:00

Citation: 734 So. 2d 532

Snippet: Because their statutory claim was based on section 540.08,[7] as distinguished from a claim based on the …circumstances include discovery in a case involving section 540.08. In fact this provision then adds that no other…responds that an action for damages under section 540.08 is not one of those specific actions encompassed…contends that an action for damages under section 540.08 is not an action for invasion of privacy and thus… 770.07. We note that subsection (6) of section 540.08 states that the "remedies provided for in

Facchina v. Mutual Benefits Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-01-19T23:53:00-08:00

Citation: 735 So. 2d 499

Snippet: his claim for unauthorized publication on section 540.08 which provides in pertinent part as follows: "… of action, as it has expressly done in section 540.08, it is presumed to know the common law of contract… does not bar his cause of action under section 540.08 for unauthorized use of his likeness in ads directed…resulting from severe emotional distress. [3] See § 540.08, Fla. Stat. (1997). There are exceptions in the