Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 8316 (2026)

Unauthorized use of name or likeness.

✓ current as of May 2026

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§ 8316. Unauthorized use of name or likeness.

(a) Cause of action established.--Any natural person whose name or likeness has commercial value and is used for any commercial or advertising purpose without the written consent of such natural person or the written consent of any of the parties authorized in subsection (b) may bring an action to enjoin such unauthorized use and to recover damages for any loss or injury sustained by such use.

(b) Parties authorized to bring action.--Such action may be brought by:

(1) The natural person.

(2) A parent or guardian of a natural person, if the natural person is a minor.

(3) If such natural person is deceased, any person, firm or corporation authorized in writing to license the commercial or advertising use of the natural person's name or likeness by the natural person during the natural person's lifetime or by will or other testamentary device; an executor named in a will or designated by a court of competent jurisdiction; or where there is no such authorization, then by the deceased person's surviving spouse at the time of death until the surviving spouse's death or, in a case where there is no surviving spouse, then any other heir or group of heirs having at least a 50% interest in the deceased person's estate as provided for under law.

(4) Any other person, firm or corporation authorized in writing by such natural person to license the commercial or advertising purposes of the person's name or likeness.

(c) Repose.--No action shall be commenced under this section more than 30 years after the death of such natural person.

(d) Immunity.--No person, firm or corporation, including their employees and agents, in the business of producing, manufacturing, publishing or disseminating material for commercial or advertising purposes by any communications medium shall be held liable under this section unless they had actual knowledge of the unauthorized use of the name or likeness of a natural person as prohibited by this section.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Commercial or advertising purpose."

(1) Except as provided in paragraph (2), the term shall include the public use or holding out of a natural person's name or likeness:

(i) on or in connection with the offering for sale or sale of a product, merchandise, goods, services or businesses;

(ii) for the purpose of advertising or promoting products, merchandise, goods or services of a business; or

(iii) for the purpose of fundraising.

(2) The term shall not include the public use or holding out of a natural person's name or likeness in a communications medium when:

(i) the natural person appears as a member of the public and the natural person is not named or otherwise identified;

(ii) it is associated with a news report or news presentation having public interest;

(iii) it is an expressive work;

(iv) it is an original work of fine art;

(v) it is associated with announcement for a commercial or advertising purpose for a use permitted by subparagraph (ii), (iii) or (iv); or

(vi) it is associated with the identification of a natural person as the author of or contributor to a written work or the performer of a recorded performance under circumstances in which the written work or the recorded performance is lawfully produced, reproduced, exhibited or broadcast.

"Commercial value." Valuable interest in a natural person's name or likeness that is developed through the investment of time, effort and money.

"Communications medium." Includes, but is not limited to, a newspaper, magazine, book, newsletter, billboard, telephone, radio, television, recording, computer software, digital communications network, transit ad, audiovisual work or global communications network.

"Expressive work." A literary, dramatic, fictional, historical, audiovisual or musical work regardless of the communications medium by which it is exhibited, displayed, performed or transmitted, other than when used or employed for a commercial or advertising purpose.

"Name" or "likeness." Any attribute of a natural person that serves to identify that natural person to an ordinary, reasonable viewer or listener, including, but not limited to, name, signature, photograph, image, likeness, voice or a substantially similar imitation of one or more thereof.

"Natural person." A living person or a deceased person who was domiciled within this Commonwealth at the time of such person's death.

(Dec. 9, 2002, P.L.1320, No.154, eff. 60 days)

2002 Amendment. Act 154 added section 8316.

Notes of Decisions

Cited in 17 cases (9 in the last 5 years), 2007–2025 · leading case: Diodato v. Wells Fargo Ins. Servs., USA, Inc., 44 F. Supp. 3d 541 (M.D. Penn. 2014).

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Diodato v. Wells Fargo Ins. Servs., USA, Inc., 44 F. Supp. 3d 541 (M.D. Penn. 2014). · cites it 5× “(Count IV); defamation (Count V); commercial disparagement (Count VI); unauthorized use of name or likeness in violation of 42 Pa. Cons.Stat. § 8316 (Count VII); unjust enrichment (Count VIII); declaratory judgment (Count IX); unfair competition (Count X); and violation of 15 U.”

Lewis v. Marriott Int'l, Inc., 527 F. Supp. 2d 422 (E.D. Pa. 2007). · cites it 3× “§ 1125 ; 2) unauthorized use of name in violation of 42 Pa. Cons. Stat. § 8316 ; 3) misappropriation of right of publicity; and 4) invasion of privacy by misappropriation of name.”

Majorsky v. Douglas, 58 A.3d 1250 (Pa. Super. Ct. 2012). “To the above analysis, the court added the observation that Appellants failed to produce evidence that they had imbued the Majorsky name with commercial value “through the investment of time, effort and money” in excess of what any salesperson does to generate customers, as…”

Afl Philadelphia LLC v. Krause, 639 F. Supp. 2d 512 (E.D. Pa. 2009). “Judge Robreno in Lewis considered whether the enactment of 42 Pa. Cons.Stat. § 8316, creating a cause of action for unauthorized use of name or likeness, subsumed the misappropriation of identity tort.”

3M Co. v. Cont'l Diamond Tool Corp (N.D. Ind. 2022). · cites it 4× “Based on these facts, Defendants alleged these causes of action: two counts of interference with business relationships related to Christy and Wesner’s employment with CDTC; a count requesting a declaration that Plaintiffs’ employment agreements are overbroad and unenforceable;…”

Wurth Baer Supply Co. v. Strouse (M.D. Penn. 2022). · cites it 3× “”153 Wurth counters that the common law claim was abrogated in 2002 when the Pennsylvania legislature enacted 42 Pa. C.S. § 8316, which created a statutory remedy for the unauthorized use of name and likeness.”

Kelly v. Peerstar LLC (W.D. Pa. 2020). · cites it 3× “Nulton answered on September 14, 2018, and asserted counterclaims for: (1) identity theft; (2) misappropriation; (3) unauthorized use of name or likeness in violation of 42 Pa. Cons. Stat. § 8316 (“Section 8316”); (4) fraudulent inducement of the Operating Agreement; (5)…”

Vail v. Dermatology & Mohs Surgery Ctr., P.C. Ctr. (E.D. Pa. 2024). · cites it 2× “42 Pa. Cons. Stat. § 8316 (a). The statute shields from liability any defendant that lacked “actual knowledge of the unauthorized use of the name or likeness[.”

Colin Branca v. Target Corp (3rd Cir. 2025). · cites it 2× “, 42 Pa. Cons. Stat. § 8316 (providing a cause of action for any “person whose name or likeness has commercial value and is used for any commercial or advertising purpose without [his] written consent”).”

Facenda v. NFL Films Inc (3rd Cir. 2008). · cites it 3× “§ 1125 (a), and for unauthorized use of name or likeness (known as the “right of publicity”) under 42 Pa. Cons. Stat. Ann. § 8316. 2 The District Court split the case into a liability phase and a damages phase.”

Lenwood Hamilton v. Lester Speight (3rd Cir. 2020). “2 Hamilton brought Pennsylvania-law claims for unauthorized use of name or likeness under 42 Pa. Cons. Stat. § 8316 ; unjust enrichment; misappropriation of publicity; 2 Amendment.”

Karen Hepp v. Facebook (3rd Cir. 2021). “12, § 1449 (A) (“name, voice, signature, photograph, or likeness”); 42 Pa. Cons. Stat. Ann. § 8316(a) (“name or likeness”), while other states evidently bar uses that merely evoke a person, like a modified race car, see Motschenbacher v.”

Show all 17 citing cases →

— 42 Pa. Cons. Stat. § 8316(a) — 3 cases

Wurth Baer Supply Co. v. Strouse (M.D. Penn. 2022). “”153 Wurth counters that the common law claim was abrogated in 2002 when the Pennsylvania legislature enacted 42 Pa. C.S. § 8316, which created a statutory remedy for the unauthorized use of name and likeness.”

Buckley v. Universal Sewing Supply, Inc. (M.D. Penn. 2020).

— 42 Pa. Cons. Stat. § 8316(e) — 2 cases

Diodato v. Wells Fargo Ins. Servs., USA, Inc., 44 F. Supp. 3d 541 (M.D. Penn. 2014). “(Count IV); defamation (Count V); commercial disparagement (Count VI); unauthorized use of name or likeness in violation of 42 Pa. Cons.Stat. § 8316 (Count VII); unjust enrichment (Count VIII); declaratory judgment (Count IX); unfair competition (Count X); and violation of 15 U.”

Facenda v. NFL Films Inc (3rd Cir. 2008). “§ 1125 (a), and for unauthorized use of name or likeness (known as the “right of publicity”) under 42 Pa. Cons. Stat. Ann. § 8316. 2 The District Court split the case into a liability phase and a damages phase.”

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