Florida Statute 540.8 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 540.08

Annotations, Discussions, Cases:

Cases Citing Statute 540.08

Total Results: 57

Jews for Jesus, Inc. v. Rapp

997 So. 2d 1098, 36 Media L. Rep. (BNA) 2540, 33 Fla. L. Weekly Supp. 849, 2008 Fla. LEXIS 2010, 2008 WL 4659374

Supreme Court of Florida | Filed: Oct 23, 2008 | Docket: 1379009

Cited 144 times | Published

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

Thais Cardoso Almeida v. Amazon.com, Inc.

456 F.3d 1316, 79 U.S.P.Q. 2d (BNA) 1768, 34 Media L. Rep. (BNA) 2118, 2006 U.S. App. LEXIS 17989, 2006 WL 1984448

Court of Appeals for the Eleventh Circuit | Filed: Jul 18, 2006 | Docket: 398690

Cited 58 times | Published

asserted claims against Amazon pursuant to Fla. Stat. § 540.08 (West 2006), for civil theft pursuant to Fla.

Loft v. Fuller

408 So. 2d 619

District Court of Appeal of Florida | Filed: Dec 16, 1981 | Docket: 1449854

Cited 40 times | Published

counts purporting to allege a violation of Section 540.08, Florida Statutes (1977) and a common law invasion

Loft v. Fuller

408 So. 2d 619

District Court of Appeal of Florida | Filed: Dec 16, 1981 | Docket: 1449854

Cited 40 times | Published

counts purporting to allege a violation of Section 540.08, Florida Statutes (1977) and a common law invasion

Advanced Bodycare Solutions, LLC v. Thione International, Inc.

615 F.3d 1352, 2010 U.S. App. LEXIS 17742, 2010 WL 3323741

Court of Appeals for the Eleventh Circuit | Filed: Aug 25, 2010 | Docket: 263821

Cited 38 times | Published

of [the] right of publicity" under Fla. Stat. § 540.08 and common law. Thione also asserted these claims

Acme Circus Operating Co., Inc., a Florida Corporation v. Jane Beatty Kuperstock

711 F.2d 1538, 221 U.S.P.Q. (BNA) 420, 9 Media L. Rep. (BNA) 2138, 1983 U.S. App. LEXIS 24889

Court of Appeals for the Eleventh Circuit | Filed: Aug 15, 1983 | Docket: 956475

Cited 36 times | Published

of the counterclaim allege a violation of Fla.Stat. 540.08 (1967), which provides for recovery of damages

Neva, Inc. v. Christian Duplications International, Inc.

743 F. Supp. 1533, 15 U.S.P.Q. 2d (BNA) 1024, 1990 U.S. Dist. LEXIS 19487, 1990 WL 101595

District Court, M.D. Florida | Filed: Apr 11, 1990 | Docket: 245820

Cited 33 times | Published

unauthorized publication of name under Florida Statute 540.08 (1989) (Count III), awarding in favor of

Tyne v. Time Warner Entertainment Co.

901 So. 2d 802, 2005 WL 914193

Supreme Court of Florida | Filed: Apr 21, 2005 | Docket: 1666342

Cited 29 times | Published

Florida's commercial misappropriation law [section 540.08, Florida Statutes (2000)][2] and for common

Weinstein Design Group, Inc. v. Fielder

884 So. 2d 990, 2004 WL 2173632

District Court of Appeal of Florida | Filed: Sep 29, 2004 | Docket: 386712

Cited 26 times | Published

without his authorization, in violation of section 540.08, Florida Statutes, and for the common law tort

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

753 So. 2d 1219, 1999 WL 983857

Supreme Court of Florida | Filed: Oct 28, 1999 | Docket: 2354542

Cited 24 times | Published

unauthorized publication action brought pursuant to section 540.08, Florida Statutes (1993).[5] In ruling that

Patricia Ann Valentine v. C.B.S., Inc. D/B/A Columbia Records, Bob Dylan, A/K/A Robert Zimmerman, Jacques Levy and Warner Bros. Publications, Inc.

698 F.2d 430, 9 Media L. Rep. (BNA) 1249, 1983 U.S. App. LEXIS 30569

Court of Appeals for the Eleventh Circuit | Filed: Feb 14, 1983 | Docket: 224251

Cited 22 times | Published

statutory claim alleges a violation of Fla.Stat.Ann. § 540.08 (West 1972), which prohibits the unauthorized

Kertesz v. Net Transactions, Ltd.

635 F. Supp. 2d 1339, 2009 U.S. Dist. LEXIS 54448, 2009 WL 1810757

District Court, S.D. Florida | Filed: Jun 24, 2009 | Docket: 918252

Cited 17 times | Published

publication of likeness under Florida Statute § 540.08 against EJE, Ventura, Net and Westlake (count

Allison v. Vintage Sports Plaques

136 F.3d 1443, 46 U.S.P.Q. 2d (BNA) 1138, 1998 U.S. App. LEXIS 5026, 1998 WL 119796

Court of Appeals for the Eleventh Circuit | Filed: Mar 18, 1998 | Docket: 236776

Cited 17 times | Published

doctrine. See, e.g., Fla.Stat.Ann. § 540.08(3)(b) ("The provision of this section [protecting

Bosem v. Musa Holdings, Inc.

46 So. 3d 42, 35 Fla. L. Weekly Supp. 515, 2010 Fla. LEXIS 1612, 2010 WL 3701293

Supreme Court of Florida | Filed: Sep 23, 2010 | Docket: 1927451

Cited 16 times | Published

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

Vrasic v. Leibel

106 So. 3d 485, 2013 WL 85412

District Court of Appeal of Florida | Filed: Jan 9, 2013 | Docket: 60228216

Cited 15 times | Published

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

Lane v. MRA HOLDINGS, LLC

242 F. Supp. 2d 1205, 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726

District Court, M.D. Florida | Filed: Nov 26, 2002 | Docket: 8427

Cited 15 times | Published

unauthorized publication in violation of Fla. Stat. § 540.08 against MRA (Count I); Mantra (Count IV); Ventura

National Football League v. Alley, Inc.

624 F. Supp. 6, 1983 U.S. Dist. LEXIS 10338

District Court, S.D. Florida | Filed: Dec 29, 1983 | Docket: 2151496

Cited 14 times | Published

Florida's Statutory "Right of Publicity" 7. Section 540.08 of the Florida Statutes prohibit unconsented

Palmer v. Gotta Have It Golf Collectibles, Inc.

106 F. Supp. 2d 1289, 2000 U.S. Dist. LEXIS 11674, 2000 WL 973602

District Court, S.D. Florida | Filed: Jun 22, 2000 | Docket: 76471

Cited 10 times | Published

publication of name and likeness in violation of Section 540.08, Florida Statutes (Florida's "Right of Publicity"

Putnam Berkley Group, Inc. v. Dinin

734 So. 2d 532, 1999 WL 333143

District Court of Appeal of Florida | Filed: May 26, 1999 | Docket: 2516530

Cited 10 times | Published

Because their statutory claim was based on section 540.08,[7] as distinguished from a claim based on

Jensen v. Rice

809 So. 2d 895, 2002 WL 385567

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1385539

Cited 9 times | Published

misappropriated Jensen's name and picture in violation of section 540.08, Florida Statutes (2000). In response to the

Epic Metals Corp. v. Condec, Inc.

867 F. Supp. 1009, 1994 U.S. Dist. LEXIS 19417, 1994 WL 652503

District Court, M.D. Florida | Filed: Aug 1, 1994 | Docket: 1017324

Cited 9 times | Published

counterclaims alleging violation of Florida Statute § 540.08 (1993) (Counts I and III), and claims for common

Genesis Publications, Inc. v. Goss

437 So. 2d 169, 9 Media L. Rep. (BNA) 2149

District Court of Appeal of Florida | Filed: Aug 2, 1983 | Docket: 1256666

Cited 9 times | Published

discretion, may award exemplary damages. [2] Section 540.08, Florida Statutes (1977) provides in pertinent

Allison v. Vintage Sports Plaques

136 F.3d 1443

Court of Appeals for the Eleventh Circuit | Filed: Mar 18, 1998 | Docket: 422491

Cited 8 times | Published

first-sale doctrine. See, e.g., Fla. Stat. Ann. § 540.08(3)(b) (“The provision of this section [protecting

Stockwire Research Group, Inc. v. Lebed

577 F. Supp. 2d 1262, 2008 U.S. Dist. LEXIS 99758, 2008 WL 4279507

District Court, S.D. Florida | Filed: Sep 18, 2008 | Docket: 986700

Cited 7 times | Published

for Defendants' misappropriation under Fla. Stat § 540.08, misappropriation under common law, or for the

Princeton Express v. DM Ventures USA LLC

209 F. Supp. 3d 1252, 2016 U.S. Dist. LEXIS 98740, 2016 WL 3950933

District Court, S.D. Florida | Filed: Jul 19, 2016 | Docket: 64310441

Cited 6 times | Published

of name or likeness in violation of Fla. Stat. § 540.08; (3) common law invasion of privacy-misappropriation;

Heath v. Playboy Enterprises, Inc.

732 F. Supp. 1145, 17 Media L. Rep. (BNA) 1603, 1990 U.S. Dist. LEXIS 2529, 1990 WL 21031

District Court, S.D. Florida | Filed: Feb 23, 1990 | Docket: 2105228

Cited 6 times | Published

in a false light, violation of Florida Statute § 540.08 (commercial exploitation), and violation of a

Faulkner Press, L.L.C. v. Class Notes, L.L.C.

756 F. Supp. 2d 1352, 97 U.S.P.Q. 2d (BNA) 1085, 2010 U.S. Dist. LEXIS 123935, 2010 WL 4851086

District Court, N.D. Florida | Filed: Nov 23, 2010 | Docket: 2335574

Cited 5 times | Published

commercial and advertising purposes in violation of section 540.08, Florida Statutes, by including the words "Professor

WFTV, Inc. v. Hinn

705 So. 2d 1010, 1998 WL 44582

District Court of Appeal of Florida | Filed: Feb 6, 1998 | Docket: 1582227

Cited 5 times | Published

WFTV's news program. Hinn sued WFTV pursuant to section 540.08, Florida Statutes (1997) (unauthorized publication

Nottage v. American Exp. Co.

452 So. 2d 1066

District Court of Appeal of Florida | Filed: Jul 10, 1984 | Docket: 1517720

Cited 5 times | Published

unauthorized publication of name or likeness under Section 540.08, Florida Statutes (1983).[2] He appeals an

Ivana Vidovic Mlinar v. United Parcel Service, Inc.

186 So. 3d 997, 41 Fla. L. Weekly Supp. 76, 2016 Fla. LEXIS 446, 2016 WL 825261

Supreme Court of Florida | Filed: Mar 3, 2016 | Docket: 3041227

Cited 4 times | Published

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

Coton v. Televised Visual X-Ography, Inc.

740 F. Supp. 2d 1299, 2010 U.S. Dist. LEXIS 96887

District Court, M.D. Florida | Filed: Sep 16, 2010 | Docket: 2339974

Cited 4 times | Published

misappropriated her image, in violation of Fla. Stat. § 540.08. That statute provides, in pertinent part: No

Tyne Ex Rel. Tyne v. Time Warner Entertainment Co.

204 F. Supp. 2d 1338, 30 Media L. Rep. (BNA) 1885, 2002 U.S. Dist. LEXIS 9912

District Court, M.D. Florida | Filed: May 9, 2002 | Docket: 1891914

Cited 4 times | Published

decedents' likenesses, in violation of Florida Statute § 540.08; (2) unauthorized commercial appropriation of

Baucom v. Haverty

805 So. 2d 959, 2001 WL 1471754

District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 1242199

Cited 4 times | Published

unauthorized publication of name or likeness under section 540.08, Florida Statutes (1997), two counts of invasion

Facchina v. Mutual Benefits Corp.

735 So. 2d 499, 1999 WL 19185

District Court of Appeal of Florida | Filed: Jan 20, 1999 | Docket: 1430690

Cited 4 times | Published

bases his claim for unauthorized publication on section 540.08 which provides in pertinent part as follows:

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

229 So. 3d 1118

Supreme Court of Florida | Filed: Nov 9, 2017 | Docket: 6220622

Cited 3 times | Published

a statutory and common law right of publicity. § 540.08, Fla. Stat. (2016); see, e.g., Cason v. Baskin

Paul B. Tartell, M.D. v. South Florida Sinus and Allergy Center, Inc.

790 F.3d 1253, 115 U.S.P.Q. 2d (BNA) 1268, 2015 U.S. App. LEXIS 10567, 2015 WL 3857338

Court of Appeals for the Eleventh Circuit | Filed: Jun 23, 2015 | Docket: 2667530

Cited 3 times | Published

unauthorized publication of name and likeness, Fla. Stat. § 540.08. Dr., Mandel cancelled the domain names the day

Inmuno Vital, Inc. v. Telemundo Group, Inc.

203 F.R.D. 561, 51 Fed. R. Serv. 3d 136, 2001 U.S. Dist. LEXIS 16020, 2001 WL 1203145

District Court, S.D. Florida | Filed: Oct 1, 2001 | Docket: 66015115

Cited 3 times | Published

Unauthorized Use of Name, Likeness, and Image under § 540.08 Fla. Stat; (3) conspiracy; and (4) violation of

Cal-Mar Industries, Inc. v. Wilson Research Corp.

442 F. Supp. 796, 1977 U.S. Dist. LEXIS 12401

District Court, S.D. Florida | Filed: Dec 14, 1977 | Docket: 2172432

Cited 3 times | Published

that defendant has violated Florida Statute Section 540.08. This provision establishes a cause of action

Fuentes v. MEGA MEDIA HOLDINGS, INC.

721 F. Supp. 2d 1255, 96 U.S.P.Q. 2d (BNA) 1317, 2010 U.S. Dist. LEXIS 65254, 2010 WL 2634512

District Court, S.D. Florida | Filed: Jun 30, 2010 | Docket: 2403012

Cited 2 times | Published

pleadings do not state a claim under Florida Statute § 540.08 and the common law doctrine, the Court grants

Bosem v. Musa Holdings, Inc.

8 So. 3d 1185, 2009 Fla. App. LEXIS 3173, 2009 WL 996314

District Court of Appeal of Florida | Filed: Apr 15, 2009 | Docket: 1654264

Cited 2 times | Published

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

Nassau v. Unimotorcyclists Society of America, Inc.

59 F. Supp. 2d 1233, 51 U.S.P.Q. 2d (BNA) 1261, 1999 U.S. Dist. LEXIS 14303, 1999 WL 592640

District Court, M.D. Florida | Filed: May 25, 1999 | Docket: 2280858

Cited 2 times | Published

Plaintiff seeks relief pursuant to Fla. Stat. § 540.08, the Court finds Plaintiff's claims to be without

Chen v. Cayman Arts, Inc.

757 F. Supp. 2d 1294, 2010 U.S. Dist. LEXIS 124721, 2010 WL 4961665

District Court, S.D. Florida | Filed: Nov 24, 2010 | Docket: 2340974

Cited 1 times | Published

name and likeness pursuant to Florida Statutes § 540.08 (2007) (Count III); unfair competition (Count

John Daly Enterprises, LLC v. Hippo Golf Co., Inc.

646 F. Supp. 2d 1347, 2009 U.S. Dist. LEXIS 71155, 2009 WL 2488272

District Court, S.D. Florida | Filed: Aug 13, 2009 | Docket: 2385307

Cited 1 times | Published

marks), Count IV (violation of Florida Statutes § 540.08), Count V (breach of contract), and Count VI (alter

Erica Tyne v. Time Warner Entertainment

425 F.3d 1363

Court of Appeals for the Eleventh Circuit | Filed: Jul 9, 2003 | Docket: 76166

Cited 1 times | Published

commercial misappropriation statute, see Fla. Stat. § 540.08 (1998), does not extend to this case. In addition

Fernando Costantini Gomes v. Victor Maniglia

District Court of Appeal of Florida | Filed: Jul 9, 2025 | Docket: 70740030

Published

705 So. 2d 1010, 1011 (Fla. 5th DCA 1998) (“Section 540.08(2), Florida Statutes (1997) authorizes recovery

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.

District Court of Appeal of Florida | Filed: Feb 28, 2023 | Docket: 63369349

Published

from Appellees and constituted a violation of section 540.08, Florida Statutes (2020). The trial court

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

District Court of Appeal of Florida | Filed: Feb 28, 2023 | Docket: 63288807

Published

from Appellees and constituted a violation of section 540.08, Florida Statutes (2020). The trial court

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

District Court of Appeal of Florida | Filed: Mar 16, 2022 | Docket: 63162682

Published

filed the instant action alleging violation of section 540.08, Florida Statutes, for the unauthorized publication

Commodores Entm't Corp. v. McClary

324 F. Supp. 3d 1245

District Court, M.D. Florida | Filed: Aug 23, 2018 | Docket: 64319978

Published

misappropriation under Florida Statute § 540.08(1). Section 540.08(1) prohibits a person from "publish[ing]

Advanced BodyCare Solutions v. Thione Int'l., Inc.

Court of Appeals for the Eleventh Circuit | Filed: Aug 25, 2010 | Docket: 2906918

Published

of [the] right of publicity” under Fla. Stat. § 540.08 and common law. Thione also asserted these claims

Miller v. ANHEUSER BUSCH, INC.

591 F. Supp. 2d 1377, 2008 U.S. Dist. LEXIS 106241, 2008 WL 5427990

District Court, S.D. Florida | Filed: Dec 29, 2008 | Docket: 2286439

Published

misappropriated her image in violation of Fla. Stat. § 540.08, entitled "Unauthorized publication of name or

Erica Tyne v. Time Warner Entertainment

425 F.3d 1363, 33 Media L. Rep. (BNA) 2318, 76 U.S.P.Q. 2d (BNA) 1478, 2005 U.S. App. LEXIS 20869, 2005 WL 2334286

Court of Appeals for the Eleventh Circuit | Filed: Sep 26, 2005 | Docket: 398438

Published

Supreme Court for guidance on the scope of section 540.08 of the Florida Statutes, and its application

Pappas v. Smart Health U.S.A.

861 So. 2d 84, 2003 Fla. App. LEXIS 17628, 2003 WL 22717389

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 64826930

Published

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

Tyne v. Time Warner Entertainment Co.

336 F.3d 1286, 31 Media L. Rep. (BNA) 1929, 2003 U.S. App. LEXIS 13813, 2003 WL 21538654

Court of Appeals for the Eleventh Circuit | Filed: Jul 9, 2003 | Docket: 65655580

Published

commercial misappropriation statute, see Fla. Stat. § 540.08 (1998), does not extend to this case. In addition

Sun International Bahamas, Ltd. v. Wagner

758 So. 2d 1190, 2000 Fla. App. LEXIS 5544, 2000 WL 561487

District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 64797569

Published

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

Ewing v. A-1 Management, Inc.

481 So. 2d 99, 11 Fla. L. Weekly 159, 1986 Fla. App. LEXIS 5825

District Court of Appeal of Florida | Filed: Jan 7, 1986 | Docket: 64616577

Published

properly identifying the fugitive; and (c) Section 540.08, Florida Statutes (1983) has no application

A.I.D. Laboratories, Inc. v. Gianos

467 So. 2d 407, 1985 Fla. App. LEXIS 13245

District Court of Appeal of Florida | Filed: Apr 2, 1985 | Docket: 64611355

Published

Green v. Shoop, 240 So.2d 85 (Fla. 3d DCA 1970); § 540.08, Fla.Stat. (1983).