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Understanding the Right of Publicity: Protecting Your Identity
Definition & Meaning
The right of publicity is a legal concept that grants individuals control over the commercial use of their name, image, and other identifiable aspects of their identity. This right allows individuals to protect their personal brand and prevent unauthorized exploitation of their likeness for profit. In the United States, the right of publicity is governed by state law, with significant variations in recognition and enforcement across different states.
Table of content
Legal Use & context
The right of publicity is primarily used in civil law contexts, particularly in cases involving commercial exploitation of an individual's identity without consent. This can include advertising, merchandising, and other commercial endeavors. Individuals, especially public figures, may use this right to pursue legal action against unauthorized uses of their likeness. Users can manage related legal matters effectively by utilizing legal templates provided by platforms like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A famous athlete discovers that a company is using their image on merchandise without permission. The athlete can file a lawsuit to protect their right of publicity.
Example 2: A celebrity's name is used in an advertisement without their consent, leading them to seek legal action to stop the unauthorized use and claim damages. (hypothetical example)
Relevant laws & statutes
Some notable statutes include:
California Civil Code § 3344, which provides a statutory right of publicity.
Indiana Code § 32-36-1-7, which defines the right of publicity in detail.
State-by-state differences
State
Recognition of Right
California
Statutory right with broad protections.
Indiana
Statutory right with specific definitions.
New York
Common law recognition; limited duration after death.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Right of Publicity
Control over commercial use of identity.
Focuses on commercial exploitation.
Right of Privacy
Protection against unauthorized intrusion.
Concerns personal privacy, not commercial use.
Trademark
Protection of brand identifiers.
Focuses on business identity rather than individual identity.
Common misunderstandings
What to do if this term applies to you
If you believe your right of publicity has been violated, consider the following steps:
Document the unauthorized use of your name or likeness.
Consult with a legal professional to evaluate your case.
Explore legal templates on US Legal Forms to draft necessary documents.
If the situation is complex, professional legal assistance is recommended.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.