Right Of Publicity Vs Right Of Privacy

Right Of Publicity Vs Right Of Privacy

Right of Publicity vs Right of Privacy is a crucial distinction in the realm of intellectual property law, particularly relevant to the fields of design, art, and media. The Right of Publicity refers to an individual's exclusive right to control the commercial use of their name, likeness, or other aspects of their identity. This right is rooted in the notion that a person's identity has inherent economic value, and they should have the authority to decide how and when it is used for commercial purposes. In contrast, the Right of Privacy is a broader concept that encompasses an individual's right to be left alone and to maintain control over the dissemination of their personal information. This right is more closely tied to the protection of an individual's dignity, autonomy, and emotional well-being. While both rights are concerned with protecting an individual's identity, the Right of Publicity focuses specifically on the commercial exploitation of that identity, whereas the Right of Privacy is more expansive and includes protection against intrusions into one's personal life, even in non-commercial contexts. Designers, artists, and content creators must be mindful of these distinctions when creating works that incorporate or reference the identities of others, as infringing upon either right can lead to legal consequences. It is important to note that the specific contours of these rights may vary depending on the jurisdiction, and it is always advisable to seek legal counsel when navigating these complex issues. Interestingly, the Right of Publicity was first recognized in the United States in the 1953 case of Haelan Laboratories, Inc. v. Topps Chewing Gum, Inc., which involved a dispute over the use of baseball players' photographs on trading cards

intellectual property, identity, commercial use, privacy, publicity, likeness, design, art

— Taylor Williams