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The right of publicity is a right to legal action, designed to protect the names and likenesses of celebrities against unauthorized exploitation for commercial purposes. Federal appeals court judge Jerome N. Frank coined the term in the case of Haelean Laboratories, Inc.
This type of insurance policy also covers the right of publicity, where a policyholder faces liability for alleged unauthorized appropriation of another individual's identity for commercial purposes. The right of publicity pertains to commercial use of another individual's name, likeness, and persona.
The right of publicity is a right to legal action, designed to protect the names and likenesses of celebrities against unauthorized exploitation for commercial purposes. Federal appeals court judge Jerome N. Frank coined the term in the case of Haelean Laboratories, Inc.
The right of publicity is an intellectual property right that protects against the misappropriation of a person's name, likeness, or other indicia of personal identity?such as nickname, pseudonym, voice, signature, likeness, or photograph?for commercial benefit.
The right of publicity prevents the unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona. It gives an individual the exclusive right to license the use of their identity for commercial promotion.
The right of publicity is a matter of state law. Some states, such as California, Florida, Kentucky, Massachusetts, Nebraska, Nevada, New York, Oklahoma, Rhode Island, Tennessee, Texas, Utah, Virginia and Wisconsin have passed statutes regulating these rights.
The right of publicity is not only for celebrities. Any person whose name or image is used to sell products may claim a misappropriation of this right. For example, if a child's photograph is taken and used to sell toys, that child could claim a misappropriation of the right of publicity.
The right of publicity is an intellectual property right that protects against the misappropriation of a person's name, likeness, or other indicia of personal identity?such as nickname, pseudonym, voice, signature, likeness, or photograph?for commercial benefit.
For example, if a child's photograph is taken and used to sell toys, that child could claim a misappropriation of the right of publicity. It is for this reason that all models or persons used in advertisements or endorsements sign consent or release agreements. For a payment the model grants a right to use the image.
California provides a civil claim for the unauthorized use of another's ?name, voice, signature, photograph, or likeness? on products or merchandise, or for the purposes of advertising or promotion. California also makes it a crime and provides a civil action if someone uses another's unauthorized signature in a ...