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 protects a person from unauthorized exploitation of their identity for commercial purposes, ensuring that they can benefit financially from their own fame or persona. It is closely tied to privacy rights and varies by jurisdiction, often creating important considerations in news photography and media.

5 Must Know Facts For Your Next Test

1. The right of publicity is recognized in some form in many U.S. states, but not all states have the same laws or protections regarding this right.
2. Unlike copyright, which protects original works of authorship, the right of publicity specifically relates to an individual's identity and its commercial use.
3. The right can extend posthumously in some jurisdictions, allowing heirs to control the use of a deceased person's identity for a specified time.
4. Certain defenses exist against claims of violation, such as newsworthiness or transformative use, which can impact how photographers and media outlets operate.
5. Misappropriation of an individual's likeness without permission can lead to civil lawsuits and significant financial damages.

Review Questions

• How does the right of publicity intersect with the concepts of invasion of privacy and commercial appropriation in news photography?
  • The right of publicity overlaps with invasion of privacy and commercial appropriation by protecting individuals from unauthorized commercial use of their identities. In news photography, if a photographer uses someone's likeness for profit without permission, it may violate both the right of publicity and privacy laws. This creates a fine line for journalists and photographers who must navigate these legal protections while still capturing and reporting on public figures.
• What are some potential legal defenses against claims made under the right of publicity in the context of media and journalism?
  • Potential legal defenses against claims under the right of publicity include arguments related to newsworthiness and transformative use. Newsworthy content may be protected from claims if it serves the public interest. Transformative use occurs when a work adds new expression or meaning to the original likeness, allowing for more creative freedom. These defenses are crucial for media professionals who need to balance creative expression with legal obligations.
• Evaluate the implications of posthumous rights of publicity for photographers and media creators when dealing with deceased celebrities.
  • The implications of posthumous rights of publicity mean that photographers and media creators must be cautious when using images or likenesses of deceased celebrities. In jurisdictions where these rights extend to heirs, any unauthorized use can lead to legal issues or financial consequences even after a person's death. This adds an additional layer of complexity in news photography, as creators must navigate both respect for the deceased's legacy and compliance with legal frameworks governing posthumous rights.

Related terms

Invasion of Privacy: A legal claim that can arise when someone's private life is intruded upon without consent, often overlapping with the right of publicity.

Trademark Law: A branch of law that protects symbols, names, and slogans used to identify goods or services, which can sometimes intersect with the right of publicity when celebrities trademark their persona.

Commercial Appropriation: The unauthorized use of a person's name or likeness for commercial gain, which is a primary concern addressed by the right of publicity.