RIGHT OF PUBLICITY

right of publicity.The right to control the use of one’s own name, picture, or likeness and to

prevent another from using it for commercial benefit without one’s consent. [Cases: Torts 8.5(6).

C.J.S. Right of Privacy and Publicity §§ 9–16, 40–43, 45.]

“The right of publicity is a state-law created intellectual property right whose infringement is

a commercial tort of unfair competition. It is a distinct legal category, not just a ‘kind of’

trademark, copyright, false advertising or right of privacy.” 1 J. Thomas McCarthy, The Rights of

Publicity and Privacy § 1:3, at 1–2 (2d ed. 2000). [Blacks Law 8^th]