The Right of Publicity as wellas The right to Privacy is what is enforcesd when you see stars who look like this.
The Right of Publicity prevents the unauthorized use of a person’s name or likeness or other recognizable aspect of one’s [persona. This is the right that permits a person to use their persona for commercial use or commerce. This right is not a Constitutional Right, but Restatement (Second) of Torts § 652C recognizes certain torts for invasion of privacy, false light, unreasonable publicity and misappropriation of name.
If a person can establish an aspect of their identity, such as Air Jordan (Mihael Jordan) for shoes they can take advantage of privacy provision in the § 1125 of The Lanham Act and can establish a Trademark.
Media producers usually use a simple form called An Image and Likeness Release. Here is the general idea.
LIKENESS AND IMAGE RELEASE
FOR ALL STAFF, CREW, CAST and EXTRA MEMBERS
I hereby authorize YOUR COMPANY LLC, and their employees, agents and assigns collectively “The Production Company” to photograph, film, record, release, distribute on film, tape, digital format, internet, sound or print; and to edit with the same as to its discretion; to incorporate for film, advertising and exploitation; with and without sound and special effects; to use, to distribute and to license in any manner in media whatsoever, included without limitation unrestricted use for the purpose of publicity, advertising, sales and promotion; and to use my name, my likeness, my image (still or otherwise), voice, biography and all other or other information concerning me in connection with the film, the project tentatively titled,
TTTLE and COMPANY
For all lawful purposes including merchandising, commercials, trailers, interviews, behind the scenes, and all other purposes associated with The Stoop for perpetuity. I further acknowledge that the Producer and Production Company, their successors and assigns own all rights to the results and proceeds of my services rendered in connection herewith.
Signed on _____________________________________