Right of publicity

Definition

The right of publicity is a legal concept that allows individuals to control the commercial use of their identity, including their name, image, likeness, and other personal attributes. This right is intended to protect against unauthorized exploitation and helps individuals maintain control over how they are portrayed in media and advertising. It recognizes the personal value of an individual’s identity and provides a legal avenue for individuals to seek redress if their identity is used without permission.

5 Must Know Facts For Your Next Test

1. The right of publicity varies by state in the U.S., with some states having strong protections while others offer minimal rights.
2. This right can be inherited, meaning that heirs can pursue claims for the unauthorized use of a deceased individual's identity.
3. The right of publicity is distinct from copyright and trademark laws, although they can overlap in certain cases.
4. Defenses against right of publicity claims can include newsworthiness, transformative use, and consent.
5. Celebrities often use licensing agreements to monetize their right of publicity by allowing companies to use their likeness in advertising and merchandise.

Review Questions

• How does the right of publicity differ from invasion of privacy claims?
  • The right of publicity focuses on the commercial use of an individual's identity and protects against unauthorized exploitation for profit. In contrast, invasion of privacy claims address violations related to personal privacy without necessarily involving a commercial context. While both concepts aim to safeguard individual rights, the right of publicity is specifically concerned with economic interests and how one's identity is used in media and advertising.
• Discuss the implications of the right of publicity being inheritable and how this affects the entertainment industry.
  • The inheritable nature of the right of publicity allows heirs to maintain control over a deceased individual's identity, which can significantly impact marketing and branding strategies in the entertainment industry. For instance, heirs may pursue legal actions against companies that exploit a celebrity's likeness without permission, potentially resulting in significant financial implications. This situation has led to discussions around managing a celebrity's brand even after death, illustrating how this right continues to shape business decisions long-term.
• Evaluate how licensing agreements interact with the right of publicity and their importance for individuals seeking to monetize their identities.
  • Licensing agreements are crucial tools for individuals looking to monetize their right of publicity by granting permission for companies to use their likeness or identity in exchange for compensation. These contracts outline the specific terms under which an individual's image can be used, protecting both parties' interests. By negotiating favorable licensing deals, individuals can maximize the economic benefits derived from their identities while maintaining control over how they are represented in various media outlets.

Related terms

Invasion of privacy: A legal claim arising when an individual's right to privacy is violated, often through unauthorized use of their likeness or private information.

Intellectual property: A category of property that includes intangible creations of the human intellect, such as trademarks, copyrights, and patents, which protect the interests of creators.

Licensing agreements: Contracts that allow one party to use another party's intellectual property under specified conditions, often involving payment or royalties.