What does Right of Publicity mean?
Right of Publicity is the intellectual property right protecting individuals from the unauthorized commercial use of their name, image, likeness, and voice. The right of publicity allows celebrities and other public figures to control how their identity is used for commercial purposes — preventing companies from creating the false impression that a person endorses a product without their consent. California has one of the strongest statutory frameworks, including protection that extends after death.
Example:The entertainment attorney explained the right of publicity to the family when a company used the child actor’s image in promotional materials without authorization — a clear violation that warranted a formal cease and desist letter and potentially a damages claim.
Example: The child actor’s contract included specific right of publicity provisions — confirming which uses of her name and likeness the production company was authorized to make, and establishing that any uses beyond those specified would require her consent and additional compensation.
Did you know?
California’s right of publicity statute extends protection for 70 years after a person’s death. The estates of Marilyn Monroe, Elvis Presley, and other entertainment icons actively license and protect these posthumous rights, generating substantial revenue. This posthumous right of publicity protection has become increasingly important as AI technology makes it possible to convincingly replicate the appearance and voice of deceased performers.
You can also find “Right of Publicity” and related terms in this category: Contracts and Agreements.
