intellectual property · claim
The right of publicity is a legal doctrine that enables individuals to control the commercial use of their identity. It prevents unauthorized exploitation of a person's likeness, identity, or persona by others for commercial purposes, allowing the individual to make money from their own identity.
The use of the individual's identity must be for commercial purposes.
What to prove: It must be demonstrated that the use of the individual's name or likeness in question was intended for profit or commercial advantage.
The identity of the individual must be recognizable from the use in question.
What to prove: The plaintiff must show that the commercial use clearly identifies or is recognizable as being associated with them.
The individual must not have consented to the use of their name or likeness.
What to prove: The plaintiff must prove that there was no authorization or consent for the use of their identity.
There should be a demonstration of harm or potential harm due to the unauthorized use.
What to prove: The plaintiff needs to show that they suffered damages or that the use has the potential to harm their market value.
The burden is on the plaintiff to establish their claim by a preponderance of the evidence.
Expect to analyze fact patterns involving commercial exploitation of an individual's image or persona. Be prepared to distinguish between public figures and private individuals regarding consent and right of publicity claims.