Right of Publicity

Definition

The right of publicity is a legal concept that gives individuals control over how their name, image, likeness, or other identifiable aspects are used commercially. This right helps protect individuals from unauthorized commercial exploitation of their identity, ensuring they can benefit financially from their fame or reputation. It is particularly significant for celebrities and public figures, as it intersects with issues of privacy and trademark law.

5 Must Know Facts For Your Next Test

1. The right of publicity varies by jurisdiction; some states recognize it as a property right while others see it as a personal right that ceases upon death.
2. Celebrities often use the right of publicity to negotiate contracts for endorsements and licensing deals, making it a valuable asset.
3. Infringement on the right of publicity can lead to legal action if someone uses an individual's likeness without permission for commercial purposes.
4. There are exceptions to the right of publicity, such as fair use in artistic works or news reporting, which can complicate enforcement.
5. The right of publicity can extend beyond just visual likeness; it includes voice, signature, and even persona in some cases.

Review Questions

• How does the right of publicity protect individuals from unauthorized commercial use of their identity?
  • The right of publicity protects individuals by granting them control over how their name, image, and likeness are used commercially. If someone uses these aspects without permission for profit, it can be considered infringement. This protection allows individuals to benefit financially from their fame or reputation and prevents others from exploiting their identity without consent.
• Discuss the differences between the right of publicity and other legal concepts like copyright and trademark.
  • While the right of publicity focuses specifically on controlling commercial use of one's identity, copyright protects original works of authorship, and trademarks safeguard brand identifiers. The right of publicity is personal and often tied to an individual's reputation, whereas copyright pertains to creative expressions and trademarks relate to business branding. These concepts intersect but serve distinct legal purposes in protecting different types of intellectual property.
• Evaluate the implications of state variations in the right of publicity on documentary filmmakers seeking to use real people's likenesses.
  • State variations in the right of publicity can significantly impact documentary filmmakers by creating uncertainty around what is permissible. In states where this right is strongly enforced, filmmakers may face legal challenges if they fail to obtain permission from individuals whose likenesses are used. Conversely, in jurisdictions with weaker protections, filmmakers might navigate their projects more freely. Understanding these differences is crucial for ensuring compliance and avoiding costly litigation while producing documentaries that feature real people.

Related terms

Trademark: A legally registered sign, design, or expression that identifies and distinguishes products or services of one entity from those of others.

Copyright: A legal term that grants the creator of original work exclusive rights to its use and distribution, typically for a limited time.

Privacy Law: A branch of law that deals with the protection of an individual's personal information and the rights related to the collection, storage, and dissemination of that information.