The Right of Publicity

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 The (Second0 of Torts 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 Lanham Act and can establish a Trademark.

In this Section

Understanding Communication Law

Communicating Better

Persuasion in Communication

Freedom of Expression – The First  Amendment

The Fair Use Doctrine

The Right to Privacy

The Right to Publicity


Confidentiality of Sources

Does the NFL Communicate Well?

Children and Television

Children’s TV and Cultural Behavior

Children’s Right to Privacy

Children and Advertising