The right of publicity, often called personality rights, is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of one's identity. It is generally considered a property right as opposed to a personal right, and as such, the validity of the Right of Publicity can survive the death of the individual (to varying degrees depending on the jurisdiction). In the United States, the Right of Publicity is a state law-based right, as opposed to federal, and recognition of the right can vary from state to state.
Personality rights are generally considered to consist of two types of rights: the right of publicity, or to keep one's image and likeness from being commercially exploited without permission or contractual compensation, which is similar to the use of a trademark; and the right to privacy, or the right to be left alone and not have one's personality represented publicly without permission. In common law jurisdictions, publicity rights fall into the realm of the tort of passing off. United States jurisprudence has substantially extended this right.
A commonly cited justification for this doctrine, from a policy standpoint, is the notion of natural rights and the idea that every individual should have a right to control how, if at all, his or her "persona" is commercialized by third parties. Usually, the motivation to engage in such commercialization is to help propel sales or visibility for a product or service, which usually amounts to some form of commercial speech (which in turn receives the lowest level of judicial scrutiny).
Read more about Personality Rights: Civil Law and Common Law Jurisdictions
Famous quotes containing the words personality and/or rights:
“Her personality had an architectonic quality; I think of her when I see some of the great London railway termini, especially St. Pancras, with its soot and turrets, and she overshadowed her own daughters, whom she did not understand—my mother, who liked things to be nice; my dotty aunt. But my mother had not the strength to put even some physical distance between them, let alone keep the old monster at emotional arm’s length.”
—Angela Carter (1940–1992)
“Crimes increase as education, opportunity, and property decrease. Whatever spreads ignorance, poverty and, discontent causes crime.... Criminals have their own responsibility, their own share of guilt, but they are merely the hand.... Whoever interferes with equal rights and equal opportunities is in some ... real degree, responsible for the crimes committed in the community.”
—Rutherford Birchard Hayes (1822–1893)