What does appropriation in tort law refer to?

Appropriation in tort law specifically refers to the unauthorized use of another person's identity, image, or likeness for commercial purposes without their consent. This concept is vital in protecting individuals' rights to control their own identity and the economic benefits that may derive from their persona.

When one party utilizes another person's name, photograph, or other identifiable characteristics for their gain—such as in advertising or promotions—this can infringe upon the rights of the individual whose identity has been exploited. If the use is found to be without consent, it may lead to a valid claim in tort law, which allows the individual to seek damages for this appropriation.

The other options do not capture the essence of appropriation in tort law. Using public property does not involve identity rights, while obtaining a trademark relates to intellectual property protection, and claiming rights in the public interest addresses different legal doctrines entirely. These distinctions clarify why the unauthorized use of another's identity is the correct reference to appropriation in this context.