RIGHT OF PUBLICITY
DEFINITION
The right of publicity is a US legal doctrine, created and defined at the state level, giving individuals control over the commercial use of their name, image, voice, and other identifying attributes.
WHAT IT MEANS IN PRACTICE
There is no single federal right of publicity in the United States. Instead each state sets its own rules, and they diverge sharply: California and New York have detailed statutes with post-mortem terms, while other states offer thin or no statutory protection at all, leaving claimants to rely on common law.
Duration also varies by state, and this matters enormously for estates. California recognizes publicity rights for seventy years after death for figures with commercial value in their identity, while many states grant nothing once a person dies.
Because the doctrine is US-specific, it does not map neatly onto EU or UK personality rights, which come from privacy and dignity traditions rather than a property-like commercial right. A use that is lawful in one jurisdiction can still infringe in another.
AN EXAMPLE
A gaming company uses a retired basketball player's voice and stance in a US ad without consent. In California he can sue under the state's right of publicity statute for the commercial value of his identity, separate from any copyright issue with the footage used.
WATCH OUT
Right of publicity law is state by state in the US, so clearance that works in one state is not automatically safe in another.
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