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

Mixed Victory for Jackson Estate in Tax Court
michael jackson estate right of publicity right of privacy tax litigation irs tax court decision publicity name and likeness rights
On May 3rd, the U.S. Tax Court issued the long-awaited decision in the long-running litigation over the estate taxes owed by the Michael Jackson estate. In a sweeping 253-page opinion (with additional appendices) the Tax Court, clearly cognizant...
New York Governor Signs New Postmortem Right of Publicity Bill
New York Postmortem Right of Publicity Bill Signed Governor Cuomo
On November 30th, 2020, the Governor of New York signed into law a new postmortem provision which for the first time will add a postmortem right to the state's law, lasting 40 years after death. This new law also addresses the unlawful dissemination...
The Third Circuit Upholds First Amendment Defense in Video Game Case
hamilton speight right of publicity first amendment gears of war third circuit
In a nonprecedential opinion the Third Circuit held that the First Amendment insulates the makers of the video game Gears of War from a right of publicity claim. The case, Hamilton v. Speight, involves a right of publicity claim...
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More News & Commentary

50 Cent's Right of Publicity Claim Preempted by Copyright Law
50 cent right of publicity rick ross renzel remix copyright preemption
Earlier this week, the Second Circuit, in an opinion penned by Judge Pierre Leval, held that a right of publicity claim by rap artist Curtis James Jackson III, better known as 50 Cent, was preempted by federal copyright law. The claim was brought...
New York Reintroduces Much Improved Postmortem Right of Publicity Bill
new york legislature right of publicity bill
During its usual off-season, the New York legislature is revisiting its multi-year efforts to add new sections to its civil rights law and in particular to add a postmortem provision to state law. This latest version would add two sections to NY's...
Pennsylvania District Court Holds Right of Publicity Claims Barred by Communications Decency Act Section 230
Karen Hepp right of publicity pennsylvania privacy cda 230 communications decency act facebook
A federal district court in Pennsylvania granted Facebook, Imgur, and Reddit’s respective motions to dismiss claims that they had violated Karen Hepp’s common law and statutory rights of publicity under Pennsylvania law. The Court held her claims...
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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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