What must appropriation by a defendant include to qualify as a valid claim?

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Appropriation as a tort primarily involves the unauthorized use of a person's likeness, name, or identity, typically for commercial gain. This concept is rooted in the right of publicity, which protects individuals from exploitation of their persona. For a claim of appropriation to be valid, it must demonstrate that the defendant used the plaintiff's identity in a manner that promotes goods or services with the intent of obtaining a commercial benefit.

In this context, option B accurately addresses this requirement by highlighting the necessity of promoting goods or services for commercial gain, which aligns with established legal principles. This commercial aspect is crucial, as the tort of appropriation is fundamentally about protecting the economic interests of individuals against unauthorized exploitation.

The other options, while related to different aspects of privacy or intellectual property rights, do not encapsulate the core requisite of commercial gain that defines a valid claim of appropriation. Thus, understanding the specific need for commercial intent clarifies why this answer holds weight in the context of properly framing an appropriation claim.

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