23. Rights of Publicity
Learning Objectives: Unit 23
Upon completion of this unit, you should be able to:
- Explain the concept of a right of publicity.
- Explain the policy issues involved in right of publicity claims and how they differ from those involved with trademarks.
- Explain the injunctive relief and its requirements.
- Explain the types of monetary remedies available to a successful rights holder and their requirements.
Rights of publicity share many characteristics with trademark rights, as they involve something that identifies a person—whether it is the image of the person, their voice, or a especially distinguishing characteristic that can be used to reference the person. Sometimes, rights of publicity can be relatively straightforward, such as the question of whether a famous professional athlete endorse a particular brand of athletic gear. Othertimes, as this case illustrates, rights of publicity can raise more challenging and complex issues.
