Right of Publicity

A waiver of privacy and publicity rights, and release of corresponding legal claims. It assumes that the waiver and release is being given by a member of the general public in connection with a company's public or commercial use of the individual's name, likeness or other personal characteristics or private information. It must be tailored to the particular circumstances in which the company is obtaining the waiver and release. This Standard Document has integrated notes with important explanations and drafting tips.

A Checklist identifying the main intellectual property and personal rights clearances that may be necessary when creating or using works that may qualify for copyright, trademark and other intellectual property and personal rights protections. Companies must conduct appropriate rights clearance when creating and using these materials to minimize exposure to potential legal action and exposure to liability.

This tool enables subscribers to compare the information in PLC's Right of Publicity Q&A resources across multiple jurisdictions. With this tool, subscribers can compare state-specific definitions of the right of publicity, the scope of protection, what aspects of identity are protected, violations, defenses, remedies and more. Simply select the questions and the jurisdictions that you are interested in and click the "Submit" button.

A Q&A guide to Alabama's right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

A Q&A guide to Arkansas' right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

A Q&A guide to Colorado right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

A Q&A guide to Delaware right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity Laws: State Q&A Tool).

A Q&A guide to Georgia right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right.  Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

A Q&A guide to Idaho right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity Laws: State Q&A Tool).

A Q&A guide to Indiana right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity Laws: State Q&A Tool).

A Q&A guide to Louisiana right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

A Q&A guide to Massachusetts right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right.  Answers to questions can be compared across a number of jurisdictions (see Right of Publicity Laws: State Q&A Tool).

A Q&A guide to Minnesota right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity Laws: State Q&A Tool).

A Q&A guide to Missouri's right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

A Q&A guide to Nevada right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right.  Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

A Q&A guide to New York right of publicity laws.  This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right.  Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

A Q&A guide to Oklahoma right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

A Q&A guide to Rhode Island right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity Laws: State Q&A Tool).

A Q&A guide to Tennessee right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity Laws: State Q&A Tool).

A Q&A guide to Washington right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity Laws: State Q&A Tool).

A Q&A guide to Ohio right of publicity laws.  This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right.  Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

A Q&A guide to Texas right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

A discussion of key right of publicity considerations, including links to relevant resources examining the legal sources for the right and the scope of protection.

The US District Court for the Northern District of California denied in part Facebook's motion to dismiss a class action asserting, among other claims, right of publicity violations based on Facebook's use of its users' names and likenesses in its Sponsored Stories advertising. Facebook sought dismissal asserting that, among other grounds, it is protected from liability as an interactive computer service under the federal Communications Decency Act, Facebook users' "likes" fall within the newsworthiness exception to California's right of publicity statute, the plaintiff's failed to allege sufficient injury and, in any case, the plaintiffs consented to the use based on Facebook's terms of use.