N.C.P.I.—Civil 800.75

The (state number) issue reads:

"Did the defendant appropriate the [name] [likeness] of the

plaintiff for the defendant's own commercial use and benefit without the

plaintiff's consent?"

On this issue the burden of proof is on the plaintiff. This means

that the plaintiff must prove, by the greater weight of the evidence, two

things:2

First, that the defendant appropriated the plaintiff's [name]

[likeness] for the defendant's own commercial use and benefit. ("Name"

includes a person's reputation, prestige, social or commercial standing, or

other values publically associated with him.) ("Likeness" includes a

person's image, whether republished or rebroadcast by photograph,

drawing or caricature.)3

And Second, that the plaintiff did not consent to the defendant's

appropriation of his [name] [likeness].

Finally, as to this issue on which the plaintiff has the burden of

proof, if you find by the greater weight of the evidence that the

defendant appropriated the plaintiff's [name] [likeness] for the

defendant's own commercial use and benefit without the plaintiff's

consent, then it would be your duty to answer this issue "Yes" in favor of

the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the defendant.