What is a right of publicity claim?
The right of publicity is a claim that you have used someone’s name or likeness to your commercial advantage without consent and resulting in injury. The plaintiff generally must prove that you’re using their image or likeness for advertising or other solicitations. Freedom of speech rights protect your use of a public figure’s name and likeness in a truthful way, but you can still be liable if a court determines that your use implied a false endorsement. Here are a few examples of cases where the right of publicity was at odds with the Constitution.
