Legal Definitions - right of disclosure

The right of disclosure, often referred to as a publication right, is a legal entitlement that allows an individual or entity to control if, when, and how certain information, their identity, or their creative work is first made public or commercially exploited. It grants the holder the authority to decide whether to reveal something to the public and under what conditions, protecting their privacy, intellectual property, or personal brand.

• Example 1: Unauthorized Use of Likeness

  A renowned chef develops a unique cooking technique and becomes famous for it. A food magazine, without seeking her permission, publishes an article featuring her photograph and detailed descriptions of her signature technique, implying she endorses their publication. The chef's right of disclosure (specifically, her right of publicity) would be violated because the magazine commercially exploited her image and professional identity without her consent, thereby taking away her control over how her likeness and professional persona are presented to the public.

• Example 2: Premature Release of Creative Work

  An independent filmmaker completes a documentary after years of work and plans to debut it at a prestigious film festival to maximize its impact and secure distribution. Before the festival, a former editor, without authorization, uploads a rough cut of the film to a video-sharing platform. The filmmaker's right of disclosure over their creative work would be infringed. This right allows the filmmaker to control the timing, platform, and conditions of the film's first public exhibition, which is crucial for their artistic and commercial strategy.

• Example 3: Confidential Business Information

  A pharmaceutical company is in the final stages of clinical trials for a revolutionary new drug. They have strict protocols for keeping the drug's formula and trial results confidential until they are ready to file for patent protection and make a formal announcement. If a disgruntled employee were to leak the detailed chemical formula and preliminary positive trial results to a competitor or the press, the company's right of disclosure regarding its proprietary information would be violated. The company has the right to control the initial public revelation of its trade secrets to protect its intellectual property and market advantage.