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

50 Cent's Right of Publicity Claim Preempted by Copyright Law
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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
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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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More News & Commentary

New York Trial Court Allows Right of Publicity Case to Proceed Against TV Docudrama
Porco v. Lifetime, new york, right of publicity, summary judgment order, privacy
Once again a New York court has allowed Christopher Porco (hereinafter “Chris”) and his mother, Joan Porco, to proceed with their right of publicity claims brought under New York Civil Rights Law § 51 arising out of a Lifetime docudrama. Chris and...
California Passes Law to Allow Student Athletes to Commercialize Their Identities
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Governor Gavin Newsom signed into law SB206 which requires NCAA member universities to allow student athletes to sign endorsement deals and with agents and attorneys without losing their amateur status. Other states are following California's lead...
Ariana Grande Sues Forever 21 over Social Media Posts
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Last week pop sensation Ariana Grande filed a lawsuit against Forever 21 for violation of both her statutory and common law right of publicity under California law, as well as for trademark infringement and false endorsement under the Lanham Act,...
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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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