Misappropriation is using someone’s identity (name, image, voice, or other recognizable traits) for an advantage—most often in advertising or commercial promotion—without permission.

Example: using a sound-alike voice or a recognizable catchphrase to suggest endorsement.

Recoveries can vary, but may include non-monetary harms (like mental anguish) and economic losses (like past/future wages), depending on the facts of the case.

In Texas, the Right of Publicity is a property right connected to controlling commercial use of a deceased person’s identity (commonly name, voice, signature, photograph, or likeness) after death.

Because it’s state-based, details can vary by state.

This right may be transferred through estate planning or inherited by heirs, helping families control and benefit from how a person’s identity is used commercially.

Texas SOS info: FAQs / forms.

Texas law recognizes certain authorized uses in specific contexts—often tied to expressive works and material that is primarily newsworthy or political.

Using a person’s identity to advertise, sell, or promote products or services without permission from the rights holder may violate the Right of Publicity.

Possible remedies can include damages and profits attributable to the unauthorized use, and—depending on the case—additional remedies such as attorney’s fees/costs.

No. Texas law sets a term limit for the Right of Publicity that runs for a defined period measured from the individual’s death.