Colorado does not recognize a distinct right of publicity. The state does, however, recognize the invasion of privacy by appropriation.
The Tenth Circuit and other federal courts have suggested that the Colorado Supreme Court might adopt a separate right of publicity if faced with the question.
Donchez v. Coors Brewing Co., 392 F.3d 1211 (10th Cir. 2004)
PAM Media Inc. v. American Research Corp., 889 F. Supp. 1403 (D. Colo. 1995)
Joe Dickerson & Associates, LLC v. Dittmar, 34 P.3d 995, 1001 (Colo. 2001)
Colorado Civil Jury Instructions 28:4.
To date no court has considered the issue.
Colorado courts have accepted First Amendment defenses to the appropriation tort on the basis of uses being newsworthy and not in commercial speech. Colorado also sits in the Tenth Circuit which has applied a balancing test to determining the scope of the First Amendment defense in the context of right of publicity claims.
Joe Dickerson & Associates, LLC v. Dittmar, 34 P.3d 995 (Colo. 2001)
Cardtoons, L.C. v. Major League Baseball Players Ass’n, 95 F.3d 959 (10th Cir. 1996)