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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.
Common Law - Right of Publicity To establish a common law claim a plaintiff must prove: (1) the defendant used the plaintiff's identity; (2) the appropriation was for defendant's advantage, commercially or otherwise; (3) lack of consent; and (4) resulting injury.
To state a claim for common law misappropriation of your right to publicity, you must allege that the defendant used your identity for some advantage (whether commercial or not) without your consent, resulting in injury to you.
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.
To claim right of publicity has four requirements: The implicit use of an individual's name or likeness. The use is for commercial purposes. The action is done without the subject's consent. The usage results in personal injury.
A violation of this right occurs when an individual's name, likeness or identity has been misappropriated by another for commercial purposes. The victim in such a case is entitled to recover for the unauthorized economic gain by the tortfeasor.
Generally, the right of publicity applies only to the sale of products or services. It does not cover non-commercial uses of a name or image, such as photos or video clips that accompany newspaper articles or newscasts. (Public officials thus may face greater obstacles in establishing misappropriation.)