Article · Intellectual Property
Your Face Is an Asset: How the Right of Publicity Actually Works
15 U.S.C. § 1125
- Type
- Article
- Jurisdiction
- National
- Date
- 2023-09-26
- Topic
- Intellectual Property
Your face, your name, and your voice are property in some states, a personal right in others, and unprotected in a few. This article explains what the right of publicity actually protects, why it varies so much, and what that variation means for anyone whose likeness has commercial value. It covers the elements of a claim, the federal false endorsement theory that reaches across state lines, and the First Amendment defenses that decide most contested cases. It explains what changed when college athletes gained the ability to license their name, image, and likeness, and what the resulting deals actually contain. It covers postmortem rights and why they differ by the decedent's domicile. It closes with synthetic likenesses and the law's uneven response to them.
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