Suppose Jane Smith is eating lunch at Chipolte in downtown Blacksburg. Chipolte takes her picture of her eating and uses it in a national advertising campaign. Can Smith sue Chipolte for appropriation? (Assume Smith did not give permission to use her picture and that she is not well known). No because she's not famous No because she implicitly gave her permission to use her photo when she ate there Yes but only if Chipolte sees increased revenues from the advertising campaign Yes because it is an unauthorized use of her picture for commercial purposes