Using someone’s name or likeness without permission can have serious consequences. In Miami, FL, you need to know your rights when it comes to name usage. According to the Federal Trade Commission (FTC), using someone’s name or image without their consent is considered identity theft and can be a serious crime ( 1 ).
But what exactly is it called when someone uses your name without permission? Is it identity theft, defamation, or something else entirely? In this article, we’ll explore name rights in Miami, FL, and what you can do if someone uses your name without permission.
The Law Regarding Name Usage in Miami, FL
Under Florida state law, an individual’s name and likeness are considered intellectual property and protected under the state’s Right of Publicity (FSS 100 ). This means that Floridians have the exclusive right to control how their name and image are used.
Article 1 of the U.S. Constitution* guarantees individuals the right to freedom of speech, but it’s not absolute. You may not use someone’s name or likeness in a way that exploits them for personal gain or to defame their character. When it comes to name usage, permission is essential, and failure to obtain it can lead to serious consequences.
Types of Name Usage Without Permission in Miami, FL
There are several scenarios in which someone’s name can be used without permission, including:
1 Advertising or marketing
Using someone’s name or image to promote a product or service without their consent can be considered identity theft (FSS 100 ). In Miami, FL, you need to have explicit permission from the person whose name you’re using before using it in an ad or marketing campaign.
2 Social Media
Sharing a photo or using someone’s name on social media without their consent can be a form of identity theft as well (FTC 1 ). Miami residents must respect people’s digital lives and refrain from using their names or images without permission.
Consequences of Using Someone’s Name Without Permission in Miami, FL
Using someone’s name without permission can lead to serious consequences, including:
1 Fines and penalties
According to the Federal Trade Commission (FTC), identity theft is punishable by law (FTC 1 ). Those caught using someone’s name or image without permission may face fines and penalties, depending on the circumstances.
2 Civil lawsuits
Victims of name theft can file civil lawsuits against those who use their name without permission. This could result in a settlement or compensation for damages (FSS 100 ).
3 Criminal charges
Under Florida law, using someone’s name or image without permission can be considered identity theft, which is a third-degree felony (FSS 100 ). This can lead to serious consequences, including fines and imprisonment.
Preventing Name Theft in Miami, FL
Preventing name theft is easier than you think. Here are some steps you can take to protect your name and image:
1 Understand your rights
Learn about your rights regarding name usage in Miami, FL. Familiarize yourself with the state’s Right of Publicity law (FSS 100 ) and federal
