The Right of Publicity

Fame, in any form, brings the myriad opportunities for economic appropriation. Bolstered by the pervasive presence in the mainstream media and online, a celebrity’s commercially valuable fame is widely exploited. Against this backdrop, it is imperative that the celebrities’ interests are protected and the consumers are not misled regarding the endorsements. Seventy years ago, the US court recognized the right of publicity as the inherent right of every individual to control the commercial use of his or her identity. This chapter discusses the development of the right to privacy and the subsequent evolution of the right of publicity with the help of case laws. It begins with a reflection on the relationship between the right to privacy and the right of publicity. It builds on the argument that inadequate protection of privacy right led to the emergence of publicity rights. It also analyses the the dicta of different courts justifying the effective protection of the rights of publicity, not only against the commercial exploitation of persona aspects, but also against the unauthorized voice misappropriation. This chapter also discusses certain requirements that need to be fulfilled before the postmortem right of publicity becomes enforceable.