Privacy Law Attorneys
In the United States, the Right of
Publicity is largely protected by state common or statutory
law. Only about half the states have distinctly recognized a Right of
Publicity. Of these, many do not recognize a right by that name but protect
it as part of the Right of Privacy. The Restatement Second of Torts recognizes
four types of invasions of privacy: intrusion, appropriation of name or
likeness, unreasonable publicity and false light. Under the Restatements
formulation, the invasion of the Right of Publicity is most similar to
the unauthorized appropriation of ones name or likeness.
In other states the Right of Publicity is protected through the law of
unfair competition. Actions for the tort of misappropriation or a wrongful
attempt to "pass off" the product as endorsed or produced by
the individual help to protect the Right of Publicity.
If a person can establish an aspect of his or her identity as a trademark,
protection may be provided by Federal Law (see Trademark
Lawsuit). The Federal Lanham Act can also provide protection where
a person's identity is used to falsely advertise a product or designate
its origin.
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