Dynamic legal protection for creatives and public figures.
Fundamentally, the “right of publicity” is the right of an individual to control any commercial use of his or her name, image, or some other aspects of one’s identity.
The right of publicity is principally a state-based right in the United States, meaning the parameters of the “right” and the extent to which it can be enforced is different in each state. There are some states that have provided this particular right by way of statute. In states which do not have legislation to dictate the right of publicity, the surrounding legal jurisprudence is governed by way of Court precedence and common law. The right of publicity can be passed on to a person’s heir after death since the right is generally considered as a property right instead of a personal one. The right of publicity can also be referred to as personal or publicity rights.
Notably, while there is not explicitly a Federal law which specifically recognizes a right of publicity, Federal legislation does exist which protects against unfair competition, false endorsement and false association. Various invocations of these laws may be appropriate when dealing with rights of publicity issues.
