Right of publicity

Definition

The right of publicity is a legal concept that gives individuals control over the commercial use of their identity, including their name, image, likeness, and other personal attributes. This right allows individuals to prevent unauthorized use of their identity in advertising, merchandising, and other commercial ventures, ensuring that they can benefit financially from their own persona. This right can significantly impact adaptations of existing works, especially when those works involve real people or recognizable characters.

5 Must Know Facts For Your Next Test

1. The right of publicity varies from state to state in the U.S., with some states recognizing it as a common law right while others have statutory protections.
2. Celebrities often use the right of publicity to monetize their image through endorsements and licensing deals, which can be a significant source of income.
3. The right of publicity does not necessarily survive an individual's death in all jurisdictions; some states extend this right to heirs for a certain period after death.
4. When adapting a story that involves real people, creators must be cautious to secure the rights of publicity to avoid potential legal disputes.
5. Violating someone's right of publicity can lead to legal consequences, including damages awarded for lost revenue and harm to the individual's reputation.

Review Questions

• How does the right of publicity affect adaptations that involve real individuals?
  • The right of publicity plays a crucial role in adaptations involving real individuals because creators must secure permission to use a person's likeness, name, or other identifiable attributes. If this permission is not obtained, the creator may face legal challenges for violating the individual's right to control their own image. This requirement ensures that individuals have a say over how their identity is portrayed in commercial contexts.
• Discuss the implications of the right of publicity for creators in the entertainment industry.
  • For creators in the entertainment industry, the right of publicity presents both opportunities and challenges. While it allows them to incorporate real-life figures into their work, they must navigate legal considerations to avoid infringing on someone's rights. This can lead to potential delays in production or financial negotiations when securing rights, and it encourages creators to respect individuals' identities as valuable intellectual property.
• Evaluate how differing state laws regarding the right of publicity could impact nationwide film and television productions.
  • Differing state laws regarding the right of publicity can create complex legal landscapes for nationwide film and television productions. Productions must understand and comply with various regulations depending on where they are filming or where individuals involved reside. This inconsistency can lead to increased legal costs and logistical challenges as producers seek to navigate these differences while ensuring they respect individuals' rights and avoid potential lawsuits over unauthorized uses of identity.

Related terms

trademark: A trademark is a legally registered symbol, word, or phrase that identifies and distinguishes the source of goods or services from those of others.

invasion of privacy: Invasion of privacy refers to the unauthorized intrusion into an individual's personal life, which can include using their likeness without permission.

public domain:

Public domain refers to creative works that are not protected by intellectual property laws and can be freely used by anyone without permission.