Using someone else’s identity for publicity tools presents a multitude of problems. First, it can make it seem as though the person used actually agrees with the message the exploiter is making. For example, if someone’s photo is used in a racist campaign, said messages will be falsely attributed to the person. Moreover, the use of a person’s identity without their consent presents an intrusion of privacy. For celebrities, this is a reoccurring problem, as paparazzi snap photos of them and sell them to the highest bidding tabloid.
More specifically, a person’s right of publicity is infringed upon when their clearly identifiable likeness is purposefully used for exploitative or commercial purposes. The person must have also not provided their consent for the said use of their likeness, name, or identity. Based on the harms (economic or reputational) that occur because of the use of a person’s photo, name, signature, etc., according to the statute right of publicity, the victim can be awarded damages under common law.