Name, Image, and Limos: Evaluating NIL Misappropriation Suit Against Post Malone in the Social Age

[1]

For fifteen seconds of fame and the threat of a $10 million dollar payout, Post Malone is being hauled off the stage and into the courtroom for a suit alleging, among other things, misappropriation of name, image, and likeness.[2] On October 17, 2025, Post Malone’s limo driver, Larry Deuel, filed suit in Utah’s Fourth District Court claiming that Malone, Tyla Yaweh, and Sony Music Entertainment failed to compensate him for his role in the 2020 music video for “Tommy Lee.”[3] Deuel is a teacher and part-time limo driver who was hired to transport Yaweh and Malone to Malone’s ranch for filming.[4] Upon arrival, Deuel was asked to make an impromptu appearance in the video.[5] For his participation, Yaweh and Malone allegedly promised Deuel he would be “taken care of.” [6] No formal license or agreement was signed.[7]

In the opening chorus of “Tommy Lee”, the lyrics sing “I’m livin’ life like a rockstar. Pullin’ up, stretch limousines.”[8] Deuel’s first appearance coincides with this lyric and he is pictured opening the limo door for Yaweh before a red carpet.[9] Deuel made several other brief appearances throughout the video and claims that but for his appearance, the video would lack an integral component in its portrayal of “wealth, power, fame, privilege, and success.”[10] “Tommy Lee” grew to be a successful hit for the two artists and Deuel asserts at “least $2.5 million in principal damages and at least $7.5 million in punitive damages”.[11]

Although conversations surrounding name, image, and likeness (“NIL”) have been commonplace in collegiate sports and pop-culture tabloids, privacy rights are not exclusively held by the athletically gifted or notoriously famous. Rather, it is “the inherent right of every human being to control the commercial use of [their] identity.”[12] While there may be a stark discrepancy between the economic value intrinsic to the use of a celebrity’s NIL and a layman’s, an individual‘s NIL are nonetheless “things of value” and they have the right to seek legal remedy where a defendant has ”appropriated [it] for his commercial benefit.[13]

Utah narrows the scope of actionable NIL suits in their adaptation of Restatement (Second) of Torts in Cox v. Hatch.[14] Cox stipulates that to prevail under the misappropriation of NIL tort theory, the plaintiff must satisfy three elements; 1) their name or likeness has some intrinsic value, 2) which was appropriated, and 3) for the use or benefit of the defendant.[15] The court in Cox delineates that intrinsic value cannot be evinced by a mere showing that the defendant could have obtained some benefit from the plaintiff’s NIL when the benefit is the same as that which the defendant “would have had from using the likeness of a number of other workers.”[16]

Plaintiffs may typically recover if the above three elements are met. However, courts have justified the unauthorized use of one’s NIL for “newsworthiness.”[17] Newsworthiness extends to the use of NIL for “purposes of education, amusement, or enlightenment.”[18] The newsworthiness exception exists to preserve First Amendment rights by allowing the undisturbed dissemination of information that serves legitimate public interests.[19] Works of art and other “creative expressions” are typically shielded from suit.[20] Conversely, commercial uses of another’s NIL are not.[21]

Music videos have been “and still . . . to this day [are] an art form.”[22] Through carefully crafted and woven snippets of choreography and visual storytelling, music videos create “instant visual iconography.”[23] Beyond promoting albums and singles, music videos have become “crucial tools for artistic expression, marketing, and cultural dialogue.”[24] As an expressive and amusing piece, music videos fall within the scope of newsworthiness and receive “breathing room” as carved out by First Amendment.[25] However, social media has blurred the lines between expressive and commercial uses of NIL as it has expanded “both the importance of celebrity culture” and the volume of “works that reference. . . the omnipresence of modern celebrities.”[26] Celebrities are no longer just selling albums, they’re selling themselves. Every post, video, and song release strengthens a celebrity’s brand, cultivating familiarity and trust which forms the “bedrock of meaningful connections in the social media sphere.”[27] Authenticity is “magnetic” and itself becomes a marketable asset.[28]

Although Deuel’s intrinsic value may not manifest from any fame or notoriety inherent to his status as a teacher and limo driver, he provides a degree of authenticity.[29]  Malone prides himself on his brand built upon “authentic Americana and modern luxury.”[30] The “Tommy Lee” music video is the visual embodiment of this brand image blending the rustic ranch setting with various representations of wealth and luxury, namely the limo and limo driver.[31] The use of a real limo driver reinforces Malone’s credibility. However, Deuel’s value is not unique to himself. The atmosphere of wealth may be achieved through the use of any hired limo driver or a “number of other workers.”[32] Therefore, while social media has broadened the scope of newsworthiness, Utah’s stringent NIL recovery requirements are likely to bar Deuel from recovery under a NIL misappropriation theory.[33] 

References

[1] Photo by Phil Botha, A Bus Parked in Front of a Building, Unsplash (Sept. 23, 2024), https://unsplash.com/photos/a-bus-parked-in-front-of-a-building-H5N65Z1Kf8s.

[2] See Erinn Callahan, Post Malone Facing Multi-Million Dollar Lawsuit From Utah Limo Driver, American Songwriter (Oct. 19, 2025),  https://americansongwriter.com/post-malone-facing-multi-million-dollar-lawsuit-from-utah-limo-driver/.

[3] See id.

[4] See id.

[5] See id.

[6] See id.

[7] See id.

[8] See Tommy Lee, Genius, https://genius.com/Tyla-yaweh-tommy-lee-lyrics, (last visited Dec. 25, 2025).

[9] See Tyla Yaweh, Tommy Lee (Official Music Video) (ft. Post Malone), Youtube (June 12, 2020), https://www.youtube.com/watch?v=nEmehcK7KfQ.

[10] See Callahan, supra note 2.

[11] See Post Malone Sued by Limo Driver for Millions . . . You Didn’t Pay Me for ’Tommy Lee’ Vid, TMZ (Oct. 18, 2025), https://www.tmz.com/2025/10/18/post-malone-tyla-yaweh-sued-limo-driver-music-video/.

[12] See J. McCarthy & Roger Schechter, Noncelebrities – Majority View: Noncelebrities have a Right of Publicity, 1 Rights of Publicity and Privacy § 4.16, (2d ed. 2025).

[13] See id.

[14]  Cox v. Hatch, 761 P.2d 556, 564 (Utah, 1988).

[15] See id.

[16] See id.

[17] Judge v. Saltz Plastic Surgery, P.C., 367 P.3d 1006, 1012 (Utah 2016).

[18] See id.

[19] See Right of Publicity, FindLaw (May 26, 2016), https://corporate.findlaw.com/litigation-disputes/right-of-publicity.html#:~:text=First%20Amendment%20protection%20exists%20to,yield%20to%20the%20First%20Amendment.

[20] See Armand Zottola & Channing Gatewood, The Right of Publicity, Venable (May 9, 2023), https://www.venable.com/insights/publications/ip-quick-bytes/the-right-of-publicity.

[21] See Cox, 761 P.2d at 565.

[22] See Michael Cragg, ’This is an Art Form - and We’re Losing It’: Is the Music Video Dying?, The Guardian (Apr. 4, 2024), https://www.theguardian.com/music/2024/apr/05/has-tiktok-killed-music-videos.

[23] See id.

[24] See Sara Pinzon, Music Marketing 101: The Role of Music Videos in the Digital Age, Catapult (July 19, 2024), https://www.catapultmymusic.com/article/music-marketing-101-the-role-of-music-videos-in-the-digital-age.

[25] See Anna Hanswirth and Kyle Schneider, Using One’s Image and Personality, Part I: Free Speech or Right of Publicity Violation (Sept. 30, 2020), https://www.inta.org/perspectives/features/using-ones-image-and-personality-part-i-free-speech-or-right-of-publicity-violation/.

[26] See id.

[27] See Justin Grome, The Importance of Social Media Branding for Musiciansm, Forbes (Mar. 5, 2024), https://www.forbes.com/councils/forbesbusinesscouncil/2024/03/05/the-importance-of-social-media-branding-for-musicians/.

[28] See id.

[29] See Callahan supra note 2.

[30] See Eileen Cartter, Post Malone Brought ’The Bud Lights and the Sh*tshow to Paris’ for His Label’s Runway Debut, GQ (Sept. 2, 2025), https://www.gq.com/story/post-malone-paris-fashion-show-austin-post-interview.

[31] See Callahan supra note 2.

[32] See Cox, 761 P.2d at 564.

[33] See Cox, 761 P.2d at 564.