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Help Tackle Law in Right of Publicity

The right of publicity protects an individual’s identity, such as their name or image, from unauthorized commercial use, focusing on personal rights. Trademark law protects brand names, logos, or symbols that distinguish goods or services in the marketplace. While both involve identity, publicity rights center on personal persona control, whereas trademarks protect business brand identity and consumer recognition.

In intellectual property, the right of publicity grants individuals control over the commercial use of their identity, including name, likeness, voice, and other distinctive attributes. It allows people to prevent unauthorized exploitation of their persona for advertising or merchandise. This right recognizes the value of one’s identity as a marketable asset, protecting it under laws that overlap with privacy and intellectual property rights.

The right of publicity is owned by the person whose name, image, or likeness is being used. Often, this right doesn’t end with their lifetime—it can be passed down to family members or others through inheritance or agreements. This means individuals or their estates have control over how their persona is used commercially and can take action to stop anyone using it without permission.

Yes, the right of publicity can apply to non-celebrities, though protections are often stronger and more clearly defined for well-known individuals. Non-celebrities may still control commercial use of their identity, especially in contexts like advertising or endorsements. The scope and enforceability vary by jurisdiction, but the fundamental principle of protecting personal identity applies broadly.

The First Amendment protects free speech, which sometimes limits how the right of publicity is enforced. For example, if someone’s identity is used in news stories, commentary, or creative works, this use may be allowed without permission. Courts work to strike a fair balance between protecting personal rights and upholding freedom of expression, allowing certain uses while preventing unauthorized commercial exploitation.