Legal Definitions - Publicity

Definition: The right of publicity is a legal concept that protects an individual's name, image, or other recognizable aspects of their identity from unauthorized commercial use. It gives the person the exclusive right to license the use of their identity for commercial promotion.

In the United States, the right of publicity is mostly protected by state common or statutory law. Some states recognize it as part of the Right of Privacy. The Restatement Second of Torts recognizes four types of invasions of privacy: intrusion, appropriation of name or likeness, unreasonable publicity, and false light.

Examples: If a company uses a celebrity's image to promote their product without the celebrity's permission, it could be a violation of the right of publicity. Similarly, if a company uses a person's name or likeness to falsely suggest that they endorse the product, it could also be a violation of the right of publicity.

For instance, if a clothing company uses a picture of a famous athlete wearing their clothes without their permission, it could be a violation of the athlete's right of publicity. Another example is if a company uses a picture of a person on their website to suggest that the person endorses their product, even though they have never used it.

These examples illustrate how the right of publicity protects an individual's identity from unauthorized commercial use. It gives them the exclusive right to control how their name, image, or other recognizable aspects of their identity are used for commercial purposes.