The right of publicity evolved out of the right of privacy in the U.S., and is still often referred to as a "subset" of privacy rights. Roughly defined, it is the right to charge for (or bar entirely) the commercial exploitation of name, likeness, voice or "personality" in commercial advertising. More broadly defined, the right of publicity is the right of every individual to control the commercial use of his or her name, image, likeness, or some other identifying aspect of identity, limited (under U.S. law) by the First Amendment. The right of publicity can be referred to as publicity rights or even personality rights. The term "right of publicity" was coined by Judge Jerome Frank in the 1953 case Haelan Laboratories, Inc. v. Topps Chewing Gum, Inc., 202 F.2d 866 (2d Cir.). Privacy has no definite boundaries and it has different meanings for different people. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... Jerome Frank (September 10, 1889 - January 13, 1957) was an outstanding legal philosopher and played a leading role in legal realism movement. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... The United States Court of Appeals for the Second Circuit is a federal court with appellate jurisdiction over the district courts in the following districts: District of Connecticut Northern, Southern, Eastern, and Western Districts of New York District of Vermont The Second Circuit hears argument at the Thurgood Marshall U...

The extent of recognition of this right in the U.S. is largely driven by statute or case law. Because the Right of Publicity is governed by state (as opposed to Federal) law, the degree of recognition of the Right of Publicity varies significantly from one state to the next. To date, twenty-eight states are on record as recognizing the Right of Publicity. Indiana is believed to have the most far-reaching Right of Publicity statutes in the world, providing recognition of the right for 100 years after death, and protecting not only the usual "name, image and likeness," but also signature, photograph, gestures, distinctive appearances, and mannerisms. There are other notable characteristics of the Indiana law, though most of the major movement in Right of Publicity emanates from New York and California, with a significant body of case law which suggest two potentially contradictory positions with respect to recognition of the Right of Publicity. The Statute of Grand Duchy of Lithuania A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... Case law (precedential law) is the body of judge-made law and legal decisions that interprets prior case law, statutes and other legal authority -- including doctrinal writings by legal scholars such as the Corpus Juris Secundum, Halsburys Laws of England or the doctinal writings found in the Recueil Dalloz... Official language(s) English Capital Indianapolis Largest city Indianapolis Area  Ranked 38th  - Total 36,418 sq mi (94,321 km²)  - Width 140 miles (225 km)  - Length 270 miles (435 km)  - % water 1. ... John Hancocks signature is one of the most prominent on the United States Declaration of Independence. ... This article or section does not adequately cite its references or sources. ... This article includes a list of works cited or a list of external links, but its sources remain unclear because it lacks in-text citations. ... “NY” redirects here. ... Official language(s) English Capital Sacramento Largest city Los Angeles Largest metro area Greater Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ...

A commonly-cited justification for this doctrine, from a policy standpoint, is the notion of natural rights and the idea that every individual should have a right to control how, if at all, his or her "persona" is commercialized by third parties. Usually, the motivation to engage in such commercialization is to help propel sales or visibility for a product or service, which usually amounts to some form of commercial speech (which in turn receives the lowest level of judicial scrutiny). Many commentators consider the Right of Publicity to be a property right, as opposed to a personal right.

Personality rights are generally considered to consist of two types of rights: the right to publicity, or to keep one's image and likeness from being commercially exploited without permission or contractual compensation, which is similar to the use of a trademark; and the right to privacy, or the right to be left alone and not represent one's personality publicly without permission. In common law jurisdictions, publicity rights fall into the realm of the tort of passing off. United States jurisprudence has substantially extended this right. “(TM)” redirects here. ... The right to privacy is a purported human right and an element of various legal traditions which may restrain both government and private party action. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Not to be confused with torte, an iced cake. ... Passing off is a common law tort which can be used to enforce unregistered trademark rights. ... Philosophers of law ask what is law? and what should it be? Jurisprudence is the theory and philosophy of law. ...

Common law jurisdictions

Personality rights have developed out of common law concepts of property, trespass and intentional tort. Thus personality rights are, generally speaking, judge-made law, though there are jurisdictions where some aspects of personality rights are statutory. In some jurisdictions, publicity rights and privacy rights are not clearly distinguished, and the term publicity right is generally used. In a publicity rights case the issue to decide is whether a significant section of the public would be misled into believing (incorrectly) that a commercial arrangement had been concluded between a plaintiff and a defendant under which the plaintiff agreed to the advertising involving the image or reputation of a famous person. The actionable misrepresentation requires a suggestion that the plaintiff has endorsed or licensed the defendant's products, or somehow can exercise control over those products. This is done by way of the tort of passing off. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... This article or section does not cite any references or sources. ... “Unlawful entry” redirects here. ... Not to be confused with torte, an iced cake. ... This article does not cite any references or sources. ... A plaintiff, also known as a claimant or complainer, is the party who initiates a lawsuit (also known as an action) before a court. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... Not to be confused with torte, an iced cake. ... Passing off is a common law tort which can be used to enforce unregistered trademark rights. ...

The meaning of the law is best illustrated by principal cases on the subject.

The Henderson case [1969] RPC 218 was a decision of the High Court of New South Wales (both the first instance and appellate jurisdiction). The plaintiffs were ballroom dancers and they sued the defendant in passing off alleging it wrongfully published their photograph on the cover of a gramophone record entitled "Strictly for Dancing: Vol. 1". An injunction was granted on the ground that the use suggested the plaintiffs recommended or approved of the defendant's goods, or had some connection with the goods.

The Koala Dundee case (1988) 12 IPR 508 was a decision of the Federal Court of Australia. The applicant was a script writer and actor whose fame came from the film "Crocodile Dundee". The respondents ran two small shops which sold clothing and other items of an Australian nature. The applicant sought an injunction to restrain the respondents from using the name "Dundee" in association with a composite image "the koala image". The applicant advanced a case in passing off alleging such use was calculated to induce the public to believe the goods sold were associated with the film or the character portrayed by the applicant in it. The court granted the relief holding that the inventor of a famous fictional character having certain visual or other traits may prevent other using his character to sell goods and may assign the rights to use that character. This "extended action of passing off" protects against the wrongful appropriation of a reputation, or wrongful association of goods with an image belonging to the applicant.

In the Pacific Dunlop case (1989) 14 IPR 398, the Federal Court of Australia affirmed a decision which upheld an action in passing off. The plaintiff sued the defendants for a television advertisement which was easily recognizable as being a parody of a scene from the plaintiff's film "Crocodile Dundee". The Federal Court said the test was whether a significant section would be misled into believing that a commercial arrangement had been concluded between the defendants and the plaintiff under which the plaintiff agreed to the advertising.

England has followed this Australian development of the law. In the Mirage Studios case [1991] FSR 145, Browne-Wilkinson, V.C., after referring to the Australian cases of Children's Television Workshop v. Woolworths (NSW) Ltd. [1981] RPC 187 and Fido Dido Inc. v. Venture Stores (Retailers) 16 IPR 365, said the law as developed in Australia is sound. There is no reason why a remedy in passing off should not cover a case where the public is misled in a relevant way as to a feature or quality of the goods sold when an action is brought by the people with whom the public associate that feature or quality. An interim injunction was granted. The first plaintiff was the owner of the copyright in the drawings of fictitious humanoid characters known as "Teenage Mutant Ninja Turtles" and part of their business was to license the reproduction of these characters on goods sold by others. The first defendant made drawings of humanoid turtles characters similar in appearance to the first plaintiff's, utilizing the concept of turtles rather than the actual drawings of Turtles. Gaskell Ball Ballroom dance, refers collectively to a set of partner dances, which originated in the Western world and are now enjoyed both socially and competitively around the globe. ... For the drawing program, see KoalaPad/Painter. ... In Melbourne, the Federal Court is housed with other federal courts such as the High Court and the Federal Magistrates Court in the Federal Court Building on the corner of La Trobe Street and William Street The Federal Court of Australia is the Australian court in which most civil disputes... Crocodile Dundee is a 1986 Australian comedy film set in the Australian Outback in the area around Walkabout Creek and in New York City. ... Crocodile Dundee is a 1986 Australian comedy film set in the Australian Outback in the area around Walkabout Creek and in New York City. ... Motto (French) God and my right Anthem No official anthem specific to England — the anthem of the United Kingdom is God Save the Queen. See also Proposed English National Anthems. ... Sesame Workshop, formerly known as the Childrens Television Workshop (or CTW), is a non-profit organization behind the production of several educational childrens programs that have run on public broadcasting around the world (including PBS in the United States), as well as Noggin, a joint venture with Viacom... Woolworths Limited is a major Australian company with extensive retail interest throughout Australia and New Zealand. ... Look up Injunction in Wiktionary, the free dictionary. ... Copyright symbol Copyright is a set of exclusive rights regulating the use of a particular expression of an idea or information. ... The Teenage Mutant Ninja Turtles. ...

In Hong Kong, the main case on this point is the ongoing dispute between Cantopop singer/actor Andy Lau and Hang Seng Bank over the allegedly unauthorized use of Lau's image on credit cards. Cantopop (Chinese: 粵語流行曲) is a colloquial abbreviation for Cantonese popular music. It is also referred to as HK-pop, short for Hong Kong popular music. It is categorized as a subgenre of Chinese popular music within C-pop. ... Andy Lau Tak-Wah (Traditional Chinese: ; Simplified Chinese: ; Pinyin: Liú Déhuá; Cantonese Yale: Lau Dak-Wa; born September 27, 1961 in Hong Kong as 劉福榮 Lau Fuk-Wing) is a Hong Kong Cantopop star, movie actor, producer, and presenter. ... Hang Seng Bank Limited(恒生銀行有限公司) HKEx: 0011 or Hang Seng Bank (恒生銀行) is the second largest bank in Hong Kong. ... Credit cards A credit card is a system of payment named after the small plastic card issued to users of the system. ...

Only in Jamaica in a 2002 case involving the estate of Bob Marley has it been found anywhere in a common law jurisprudence that a personality right may be transferred by disposition. Also see: 2002 (number). ... Robert Bob Nesta Marley OM (February 6, 1945 – May 11, 1981) was a Jamaican singer, songwriter, guitarist, and political activist. ...

United States

In the United States, rights of publicity are enforced through state law. Some states recognize the right through statute and some others through common law. California has both statutory and common-law strains of authority protecting slightly different forms of the right. The right of publicity is a property right, rather than a tort, and so the right may be descendible to the person's heirs after their death. The Celebrities Rights Act was passed in California in 1985 and it extended the personality rights for a celebrity to 70 years after their death. Previously, the 1979 Lugosi v. Universal Pictures decision by the California Supreme Court held that Bela Lugosi's personality rights could not pass to his heirs. ^{[1] [2]} The Celebrities Rights Act or Celebrity Rights Act was passed in California in 1985 and it extended the personality rights for a celebrity to 70 years after his or her death. ... Official language(s) English Capital Sacramento Largest city Los Angeles Largest metro area Greater Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ... In Lugosi v. ... The Supreme Court of California is the state supreme court in California. ... Bela Lugosi as Dracula United States stamp. ...

A recent example is John Dillinger's rights of publicity, as seen in Ken Phillips, Mark Phillips and Dillinger’s, Inc. v. Jeffrey G Scalf, a 2003 Indiana Court of Appeals case. The operators of Dillinger’s restaurant are alleged to have violated the right of publicity of Jeffrey G. Scalf, the great-nephew of the 1930s gangster and bank robber John Dillinger, in using without authorization Dillinger’s name, image, and likeness in connection with the restaurant. In March 2003, eight members of the cast of The Sopranos alleged that electronics retailer Best Buy used their images in newspaper ads without permission. In September 2002, Tom Cruise and Nicole Kidman sued luxury goods company Sephora for allegedly using a picture of them without permission in a brochure promoting perfumes. John Dillinger John Dillinger (June 22, 1903 – July 22, 1934) was an American bank robber, considered by some to be a dangerous criminal, while others idealized him as a latter-day Robin Hood. ... Year 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... Official language(s) English Capital Indianapolis Largest city Indianapolis Area  Ranked 38th  - Total 36,418 sq mi (94,321 km²)  - Width 140 miles (225 km)  - Length 270 miles (435 km)  - % water 1. ... Face The 1930s (years from 1930–1939) were described as an abrupt shift to more radical and conservative lifestyles, as countries were struggling to find a solution to the Great Depression, also known in Europe as the World Depression. ... This article does not cite any references or sources. ... Year 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... The Sopranos is an American television drama series created by David Chase and originally broadcast on the HBO network. ... Also see: 2002 (number). ... Tom Cruise (born Thomas Cruise Mapother IV on July 3, 1962) is an Academy Award-nominated, Golden Globe Award-winning American actor and film producer. ... Nicole Mary Kidman AC (born June 20, 1967), is an Australian[1] Academy Award winning actress. ... Perfume is a mixture of fragrant essential oils and aroma compounds, fixatives, and solvents used to give the human body, objects, and living spaces a pleasant smell. ...

In the July 2003 case of Tiger Woods v. Jireh Publishing, however, a painting of the famous golfer Tiger Woods and others is protected by the US Constitution's First Amendment and treads neither on the golfer's trademarks or publicity rights. Similarly in the July 2003 case of Johnny and Edgar Winter v. DC Comics, a depiction of blues music duo the Winter brothers in a comic book as worms called the Autumn Brothers obtained First Amendment protection from publicity rights suit. The 6 May 2005 Toney v. L'Oreal and Wella opinion clarified the distinction between the purview of copyright versus the nature of publicity rights. This article is about the sport. ... Personal Information Birth December 30, 1975 ) Cypress, California Height 6 ft 1 in (1. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Constitution of the United States is the supreme law of the United States of America and is... The Bill of Rights in the National Archives The First Amendment to the United States Constitution is a part of the United States Bill of Rights. ... “(TM)” redirects here. ... Blues is a vocal and instrumental musical form which evolved from African American spirituals, shouts, work songs and chants and has its earliest stylistic roots in West Africa. ... is the 126th day of the year (127th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ...

The 2006 New York Supreme Court case Nussenzweig v. DiCorcia determined that personality rights do not trump legitimate First-amendments rights of artistic free expression. This case is currently under appeal in the New York courts. (Note that in New York, the "Supreme Court" is a trial-level court; the court equivalent to what most states call a "Supreme Court" is the New York Court of Appeals.) “NY” redirects here. ... The Supreme Court of the State of New York is the basic New York State trial court of general jurisidiction. ... Nussenzweig v. ... The Court of Appeals is New Yorks highest appellate court, created in 1847, replacing the Court for the Trial of Impeachments and the Correction of Errors. ...

These few examples illustrate that litigation on rights of publicity in the United States is very active, rapidly changing this area of the law. A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ...

Canada

Canadian common law recognizes the right to personality on a limited basis. It was first acknowledged in the 1971 Ontario decision of Krouse v. Chrysler Canada Ltd.. The Court held that where a person has marketable value in their likeness and it has been used in a manner that suggests an endorsement of a product then there is grounds for an action in appropriation of personality. This right was later expanded upon in Athans v. Canadian Adventure Camps (1977) where the Court held that the personality right included both image and name. Krouse v. ...

Civil law jurisdictions

In contrast with common law jurisdictions most civil law jurisdictions have specific civil code provisions that protect an individual's image, personal data and other generally private information. Exceptions have been carved out of these general, broad privacy rights when dealing with news and public figures. Thus, while it may violate an ordinary citizen's privacy to speak about their medical records, one is generally allowed to report on more intimate details in the lives of celebrities and politicians. Civil law or Continental law or Romano-Germanic law is the predominant system of law in the world. ... A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. ...

Unlike most common law jurisdictions the personality rights in civil law are generally inheritable, thus one can make a claim against someone who invades the privacy of a deceased relative if the memory of their character is besmirched by such publication.

France

In France personality rights are protected under article 9 of the French civil code. While publicly known facts and images of public figures are not generally protected, use of someone's image or personal history has been held actionable under French law. The most famous case in recent history is perhaps the publication of the book on François Mitterrand called Le Grand Secret in which Mitterrand's doctor published a book that not only revealed private facts about Mr. Mitterrand's life, but also revealed medical confidences protected by doctor-patient privilege.   IPA: (October 26, 1916 – January 8, 1996) was President of France from 1981 to 1995, elected as representative of the Socialist Party (PS). ... In the laws of many common law jurisdictions, the concept of legal privilege, or the rule that certain conversations are so private and confidential that they cannot be used as evidence in court, extends to communication between a patient and physician. ...

Germany

In Germany personality rights are protected under the German civil code. The concepts of an "absolute person of contemporary history" which allow the depiction of individuals who are part history but still gives them some protection of their rights of privacy outside the public sphere.

A succinct statement of the German law can be found in the following judicial statement from the Marlene Dietrich case BGH 1 ZR 49/97 (1 December 1999), Translated by Raymond Youngs (Copyright: Professor Basil Markesinis, ‘Always on the Same Path’ and ‘Essays on Foreign Law and Comparative Methodology’, Hart Publishing 2001, reproduced here as fair use of a legal decision)(1): Professor Sir Basil Markesinis, QC, DCL, LLD, FBA, is, simultaneously, Professor of Common and Civil Law at University College London and Jamail Regents Professor at the University of Texas at Austin. ...

Sec. II; para. 1. The general right of personality has been recognised in the case law of the Bundesgerichtshof since 1954 as a basic right constitutionally guaranteed by Arts 1 and 2 of the Basic Law and at the same time as an "other right" protected in civil law under § 823 (1) of the BGB (constant case law since BGHZ 13, 334, 338 - readers' letters). It guarantees as against all the world the protection of human dignity and the right to free development of the personality. Special forms of manifestation of the general right of personality are the right to one's own picture (§§ 22 ff. of the KUG) and the right to one's name (§ 12 of the BGB). They guarantee protection of the personality for the sphere regulated by them (reference omitted).

Quebec

There are certain provisions on rights in the new Civil Code of Quebec that enshrines the right to privacy as an attribute of personality. This right is set forth Article 3. The Civil Code of Québec (Code civil du Québec) is the civil code in force in the province of Quebec, Canada. ...

Every person is the holder of personality rights, such as the right to life, the right to the inviolability and integrity of his person, and the right to the respect of his name, reputation and privacy. These rights are inalienable.

The chapter in the new Code dealing with respect of reputation and privacy defines the invasion of privacy in article 36:

The following acts, in particular, may be considered as invasions of the privacy of a person:

(1) entering or taking anything in his dwelling;

(2) intentionally intercepting or using his private communications;

(3) appropriating or using his image or voice while he is in private premises;

(4) keeping his private life under observation by any means;

(5) using his name, image, likeness or voice for a purpose other than the legitimate information of the public;

(6) using his correspondence, manuscripts or other personal documents.

People's Republic of China

In the People's Republic of China, rights of personality are established by statute.

See also

• Celebrities Rights Act
• The Roger Richman Agency
• Moral rights

The Celebrities Rights Act or Celebrity Rights Act was passed in California in 1985 and it extended the personality rights for a celebrity to 70 years after his or her death. ... The Roger Richman Agency, Inc. ... Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. ...

References

FindLaw. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... is the 45th day of the year in the Gregorian calendar. ... Time (whose trademark is capitalized TIME) is a weekly American newsmagazine, similar to Newsweek and U.S. News & World Report. ... is the 188th day of the year (189th in leap years) in the Gregorian calendar. ... Year 1980 (MCMLXXX) was a leap year starting on Tuesday (link displays the 1980 Gregorian calendar). ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... is the 202nd day of the year (203rd in leap years) in the Gregorian calendar. ... Bela Lugosi as Dracula United States stamp. ... Universal Pictures is the main motion picture production/distribution arm of Universal Studios, a subsidiary of NBC Universal. ...

External links

• Links to right of publicity statutes in effect in every U.S. state
• Legal resource for personality rights cases in the U.S.
• US constitutional constraints on state right of publicity laws by Jerry Marr
• Privacy and Personality, Politicians and Stars by Rohan Massey and Kathrin Tauber, UK/Germany comparative analysis of privacy and personality rights
• Case of Princess Caroline of Monaco (1995) German Federal Supreme Court (English translation)
• Privacy rights cases under French law (English translation)
• Privacy/personality rights under German law (English translation)
• Personality rights US Library of Congress
• Das Recht am eigenen Bild, speech by G. Hug at a symposium in 2002 in Vitznau in Switzerland on personality rights in Switzerland regarding the publication of images of people. (In German.)
• summary of Canadian personality cases
• Personality Rights Database - Personality rights in Argentina, Australia, Canada, France, Germany, Mexico, South Africa, Spain, UK and USA
• Douglas v Hello! - An OK! result, Gillian Black (University of Edinburgh), SCRIPT-ed, June 2007