Legal Definitions - Publicity

The Right of Publicity is a legal principle that protects an individual's exclusive right to control the commercial use of their identity. This means that people have the power to decide who can use their name, image, voice, signature, or other distinctive characteristics for advertising, endorsements, or other commercial purposes, and to profit from such use. It essentially recognizes that a person's identity can have significant commercial value, and they should have the sole authority to license or prevent its exploitation for profit by others.

This right prevents others from commercially benefiting from someone's identity without their permission, ensuring that individuals can control and profit from their own fame or recognizable persona.

• Example 1: Unauthorized Use of an Athlete's Image

  A popular professional basketball player, known for a specific celebratory pose after scoring, discovers that a snack food company is selling potato chips with packaging that features a cartoon drawing of someone performing that exact pose, along with a jersey number similar to the player's. The company did not seek or obtain the player's permission.

  Explanation: This illustrates the Right of Publicity because the snack food company is commercially exploiting the athlete's recognizable likeness and distinctive persona (the pose and number) without their authorization. The athlete has an exclusive right to control and profit from the commercial use of their identity, which the company has infringed upon by using it to sell a product.

• Example 2: Commercial Appropriation of a Unique Voice

  A well-known local radio personality, famous for their uniquely gravelly voice and a particular catchphrase, finds that a regional car dealership has launched an advertising campaign using a voice actor who sounds almost identical to them, delivering a tagline very similar to the radio personality's signature sign-off. The ad aims to evoke the personality's trusted and familiar presence.

  Explanation: Even though the radio personality may not be a national celebrity, their distinctive voice and catchphrase have become recognizable aspects of their persona within their market. The car dealership's unauthorized use of a similar voice and phrase, intended to capitalize on that recognition and familiarity, could be a violation of the radio personality's Right of Publicity, as it commercially appropriates a unique element of their identity without consent.

• Example 3: Post-Mortem Use of a Deceased Celebrity's Name

  Fifty years after a legendary Hollywood actress passed away, a new luxury perfume brand launches, prominently featuring the actress's name and a stylized image of her signature hairstyle on its packaging and marketing materials. The actress's estate, which manages her intellectual property, did not authorize this use.

  Explanation: This demonstrates the Right of Publicity, which often extends beyond an individual's lifetime (known as post-mortem rights). The perfume company is commercially leveraging the deceased actress's famous name and recognizable image to sell its product without permission from her estate. The estate holds the exclusive right to license the actress's identity for commercial gain, and the unauthorized use infringes upon this right.