What is the right of publicity?
The right of publicity is a right to prevent the unauthorized commercial use of someone’s identity, including name, image, or likeness. A natural person (and that person?s heirs) can sue under this right if the person’s likeness is used to advertise products, for example. Since the right of publicity only prevents unauthorized commercial use, however, it does not block use of the identity for a statement of public or social interest, including news reporting, for a work of art or entertainment, and if the use is not for profit nor a threat to the commercial value of the identification.
