Right of Publicity
Right of publicity allows one to control commercial use of his name.
Violating another's right of publicity requires:
- Use of image/name/likeness
- Name means any identifier
- The name/likeness must be used in advertising or trade. Someone's likeness being reproduced does not make it used for that purpose.
- In advertising (or trade in Virginia)
- Without written consent
- I.e., damages from false endorsement
One's right of publicity lasts for the life of the person plus 20 years in Virginia.
Right of publicity is all state law.
A knowing violation gives punitive damages.