The right of publicity is a state law that protects individuals' identities from being used by others without permission. The boundaries of the claim vary widely from state to state. Rothman's Roadmap to the Right of Publicity provides an interactive overview of each state's right of publicity laws, as well as breaking news and commentary by Jennifer Rothman, one of the leading scholars in the field.

Right of Publicity State-by-State

Select a state or territory to learn more about its right of publicity laws.

Latest News & Commentary

Olivia de Havilland's Cert. Petition Denied by U.S. Supreme Court
Today, the United States Supreme Court denied review of the California Court of Appeal decision in De Havilland v. FX Networks. This leaves in place the California appellate court's strong decision holding that the First Amendment bars...
Emotional Distress Award Affirmed for Model in California
john olive GNC right of publicity lawsuit
The California Court of Appeal affirmed a more than $1 million jury award for a model and actor in a right of publicity lawsuit against GNC (General Nutrition Centers). The actor and model Jason Olive sued when GNC used his likeness in an...
Seventh Circuit Dismisses Athletes' Case in Fantasy Sports Suit
seventh circuit court of appeals right of publicity fantasy sports fanduel daniels
Yesterday, the Seventh Circuit ended the Daniels v. Fanduel case. Several former college athletes had sued over the use of their names, images, and statistics in online fantasy sports games―in particular uses by FanDuel and DraftKing. The...
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More News & Commentary

FanDuel Wins Again as Uses of Athletes in Fantasy Sports Held Newsworthy
daniels fanduel right of publicity indiana newsworthy first amendment
This week the Indiana Supreme Court held in Daniels v. FanDuel that uses of players’ names, pictures, and statistics in online fantasy sports games and related advertisements are of “newsworthy value.” Accordingly, the uses are not...
Who Owns You When You are Dead
jennifer rothman right of publicity USPTO nationla trademark exposition panel postmortem right of publicity kareem abdul-jabbar
The video has finally been posted from my July talk about postmortem rights of publicity for the USPTO’s National Trademark Exposition held at the Smithsonian in Washington, D.C. My talk is followed by comments by a former IRS examiner and tax...
Court Denies Class Certification in Atheletes' Suit Against Madden NFL Maker
right of publicity electronic arts madden nfl davis class certification
Yesterday, the district court in Davis v. Electronic Arts confirmed its holding that there could not be class certification in the right of publicity case arising from the alleged use of NFL players' identities in the popular sports-themed...
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The Book

Privacy Reimagined For A Public World

THE RIGHT OF PUBLICITY: Privacy Reimagined for a Public World

This book from Harvard University Press by Professor Jennifer Rothman traces the history and development of the right of publicity and its current collision course with individual liberty, free speech and copyright law.

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