Bexar Texas Right of Publicity - Talent Contract
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FAQ
Twenty-four statesincluding California, New York, Florida, Hawaii, Nevada and Texasrecognize a post-mortem right of publicity under state common law or statute.
Right of Publicity: an overview In the United States, the right of publicity is largely protected by state common or statutory law. Only about half the states have distinctly recognized a right of publicity. Of these, many do not recognize a right by that name but protect it as part of the Right of Privacy.
The Right of Publicity in California protects against unauthorized uses of a person's name or likeness for commercial and certain other exploitative purposes. California has two systems of Right of Publicity law: a statute, and a common law right. (DMLP).
Generally speaking, the Right of Publicity in California protects against unauthorized uses of a person's name or likeness for commercial and certain other exploitative purposes. California has two systems of Right of Publicity law: a statute, and a common law right.
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 a property right in Texas, similar to misappropriation of name or likeness, which protects the name and likeness of a deceased person.
Because the right of publicity is primarily governed by state (as opposed to federal) law, the degree of recognition of the right of publicity can vary from one state to the next.
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.
As referenced above, currently 35 states recognize the right of publicity, with 24 of these states recognizing the right via statute, 22 by common law, and 13 by some combination of the two.
In the United States, no federal statute or case law recognizes the right of publicity, although federal unfair competition law recognizes a related statutory right to protection against false endorsement, association, or affiliation.