1 is there an intent and an action for a crime.

2 using someone's name for publicity without their knowledge is that a right for publicity tort because the person could assert that his name and photo were used to attract attention to obtain commercial advantage. did they have a first amendment right to present the truthful facts regarding the building and the owner's identity as promotional materials? would it make a difference if the contract had a clause prohibiting the use of his name or photo without his permission.