What is the Right of Publicity?
According to the International Trademark Association, the right of publicity is “an intellectual property right that protects against the misappropriation of a person’s name, likeness, or other indicia of personal identity—such as nickname, pseudonym, voice, signature, likeness, or photograph—for commercial benefit.” Unlike other areas of intellectual property, right of publicity law is fractured, controversial, and non-uniform among the states that have a statutory basis for it.
Practice in Right of Publicity
The right of publicity, along with name, image, and likeness (NIL) rights, represents a growing area of intellectual property law that protects individuals’ ability to control and profit from the commercial use of their identity. This field has gained significant attention in recent years, particularly with the rise of social media influencers and changes in regulations governing college athletes’ ability to monetize their personal brands. Right of publicity laws vary by jurisdiction but generally allow individuals to prevent unauthorized commercial use of their name, image, likeness, voice, or other distinctive aspects of their identity.
Lawyers specializing in this area work with clients to develop strategies for leveraging their personal brand and negotiating endorsement deals, sponsorships, and other commercial opportunities. These legal professionals are instrumental in drafting and reviewing licensing agreements, ensuring that their clients’ rights are protected and that the terms of use for their name, image, and likeness are clearly defined and favorable. They also take the lead in negotiating endorsement deals and sponsorships, leveraging their expertise to secure optimal terms and compensation for their clients. Given the varying state laws and NCAA regulations surrounding NIL rights, these lawyers play a vital role in ensuring compliance, helping their clients navigate the intricate web of rules and regulations that govern this area.
Moreover, these specialized attorneys are essential in protecting their clients against unauthorized use of their identity. They vigilantly monitor for potential infringements and take swift action when necessary, whether through cease and desist letters, negotiations, or litigation. Perhaps one of their most challenging and nuanced roles is navigating the intersection of publicity rights with other areas of law, such as trademark and copyright. This requires a deep understanding of multiple legal disciplines and the ability to strategically position their clients’ rights within this complex legal landscape. As the field of NIL and right of publicity continues to evolve, these lawyers remain at the forefront, adapting their strategies and expertise to best serve their clients’ interests in an ever-changing digital and legal environment.
For more information, consider reaching out either to the following list of ASU Law professors in this practice area or check out the below list of secondary resources:
ASU Law Professors
Dean Aaron Hernandez, Sports Law and Business
Secondary Resources