Intellectual Property

Right of Publicity

Right of publicity allows one to control commercial use of his name.

Violating another's right of publicity requires:

  1. 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.
  2. In advertising (or trade in Virginia)
  3. Without written consent
  4. Damages

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.