Legal Definitions - right of publicity

The right of publicity is a legal principle that grants individuals the exclusive authority to control the commercial use of their identity. This includes their name, image, voice, signature, or any other distinctive characteristic that identifies them. It allows a person to prevent others from using these aspects of their identity for commercial purposes, such as advertising or product endorsements, without their explicit permission. Essentially, it recognizes that an individual's identity holds commercial value, and they have the sole right to authorize and profit from that value.

Here are some examples illustrating the right of publicity:

• Imagine a popular professional basketball player. A sports apparel company, without obtaining permission or paying a licensing fee, creates a new line of sneakers and features a cartoon drawing that strongly resembles the player, wearing their signature jersey number, in its advertisements. The company hopes to capitalize on the player's fame and appeal to sell their products.

  This illustrates the right of publicity because the company is using the player's recognizable likeness and associated identity (jersey number) for commercial gain without consent. The basketball player could assert their right of publicity to stop the unauthorized use and seek compensation for the commercial value of their identity.

• Consider a well-known opera singer with a uniquely recognizable voice. A car manufacturer produces a television commercial where an impersonator sings a jingle in a style and tone remarkably similar to the opera singer's, creating the impression that the singer is endorsing the vehicle, even though the singer has no involvement.

  This demonstrates the right of publicity because the car manufacturer is exploiting the distinctive commercial value of the singer's voice and vocal style. The opera singer has the right to control who uses their unique vocal identity for promotional purposes, and this unauthorized use infringes upon that right.

• A famous author is known for their distinctive glasses and a particular pose often seen on their book covers. A coffee shop chain launches a new marketing campaign featuring a barista who wears identical glasses and strikes the author's signature pose while holding a cup of coffee, clearly intending to evoke the author's intellectual and sophisticated image.

  This exemplifies the right of publicity because the coffee shop is attempting to associate its brand with the author's established persona and reputation, using their distinctive characteristics (glasses, pose) for commercial benefit without permission. The author has the right to prevent others from commercially exploiting their unique public identity in this manner.