Sanjana Ganesh
Research Assistant - USC Law Library
The right of publicity is defined as the right of an individual to control commercial use of his or her own identity. An individual's identity may consist of a name, nickname, voice, former name, photograph, likeness, or other distinctive characteristic. The right of publicity recognizes the exclusive right of every individual to license and control the use of his or her identity, except in cases where there are overriding free speech or free press rights of others. Therefore, the right is frequently in conflict with the First Amendment. Executive Legal Summary 374, EXECLSUM 374 (Westlaw)
25 Personal Injury--Actions, Defenses, Damages § 120.06 (2023) (Lexis)
Restatement of the Law - Unfair Competition - October 2022 Update (Westlaw)
Restatement (Third) of Unfair Competition Index R90
Generally, § 46
Advertising, use in, § 47 Com. a
Advertising permitted uses, § 47 Com. a
Identifying creator of work, § 47 Com. a
Appropriation of identity, § 46 Com. d
Assignment, § 46 Com. g
Books, use in, § 47 Com. c
Broadcasts, unauthorized, § 47 Com. d
Celebrities, § 46 Com. b, c; § 49 Com. b, d
Commercial exploitation not required, § 46 Com. h
Consent, § 46 Com. f, g
Copyright, relation to, § 46 Com. i
Corporations ineligible, § 46 Com. d
Descendibility, § 46 Com. h
Commercial exploitation, § 46 Com. h
Duration, § 46 Com. h
False light privacy distinguished, § 47 Com. c
False statements, effect of, § 47 Com. c
Films, use in, § 47 Com. c
Free speech limitations, § 47 Com. b, c, d; § 48 Com. c
Imitation, § 47 Com. d
Intent, relevance of, § 46 Com. e; § 49 Com. c
Licensing, § 46 Com. g
Likeness, § 46 Com. d
Limits of, § 47 Com. d
Merchandise, use on, § 47 Com. b
Free speech limitations, § 47 Com. b
Posters, § 47 Com. b
T-shirts, § 47 Com. b
Misrepresentation of endorsement, relation to, § 46 Com. b; § 49 Com. b
Name, § 46 Com. d
News, use in, § 47 Com. c
Parody, use in, § 47 Com. d
Performing persona, § 46 Com. d; § 47 Com. d
Preemption of, § 46 Com. i
Printers, liability of, § 47 Com. e
Privacy,
Relation to, § 46 Com. b
Right of, § 46 Com. b
Private persons, § 46 Com. b; § 49 Com. b, d
Publishers, liability of, § 47 Com. e
Purposes of trade, use for,
Generally, § 47
Advertising, § 47 Com. a
Advertising permitted uses, § 47 Com. a
Identifying creator of work, § 47 Com. a
Merchandise, § 47 Com. b
Free speech limitations, § 47 Com. b
Posters, § 47 Com. b
T-shirts, § 47 Com. b
Rationale for protection, § 46 Com. c
Retailers, liability of, § 47 Com. e
Statutes, table of jurisdictions, § 46 Stat. Note
Subject matter,
Likeness, § 46 Com. d
Name, § 46 Com. d
Performing persona, § 46 Com. d; § 47 Com. d
Voice, § 46 Com. d
Voice, § 46 Com. d