Right of publicity laws can restrict unauthorized commercial exploitation of a person’s identity, but the exact protection depends heavily on applicable state law. Names, voices, photographs, likenesses, signatures, and similar identity features may receive protection in some jurisdictions. Businesses therefore need more than a general assumption that material found online is free to use in advertising.
How Do Publicity Rights Protect Identity?
State statutes illustrate how these protections can differ. New York restricts certain unauthorized advertising or trade uses of a living person’s name, portrait, picture, likeness, or voice, while California law addresses knowing commercial uses of another person’s name, voice, signature, photograph, or likeness without required consent.
The details matter because scope, defenses, remedies, postmortem rights, and consent requirements can vary by jurisdiction.
Commercial Use Is Usually the Main Concern
Advertising, product endorsements, merchandise, and promotional campaigns can create greater publicity-right risk than ordinary factual references. A company should ask whether a person’s identity is being used to attract customers or imply a commercial relationship.
Marketing teams following Ohio media outlets should therefore separate ordinary reporting references from images or names selected specifically to promote products or services.
Written permissions should clearly identify the intended media, campaign, duration, territory, editing rights, and other uses when those details matter.
Consent and Context Can Change the Analysis
A license or release can authorize particular commercial uses, but permission for one purpose does not necessarily resolve every later use. A photograph licensed for editorial publication, for example, should not automatically be assumed to include advertising rights.
Organizations reviewing California media channels may encounter photographs and names in public articles, yet public availability by itself does not establish permission for commercial reuse.
| Use | Potential Issue | Question to Ask |
|---|---|---|
| Advertisement | Commercial identity use | Was proper consent obtained? |
| Product packaging | Implied endorsement | Does the person authorize the use? |
| News report | Different legal considerations | Is the use genuinely informational? |
| Social promotion | Advertising connection | Is identity being used to sell? |
News and Public-Affairs Uses Can Be Different
Publicity rights do not operate as absolute control over every mention or image of a person. California’s statute, for example, states that specified uses connected with news, public affairs, sports broadcasts or accounts, and political campaigns do not require consent under that particular provision. New York law also contains statutory qualifications and exceptions.
A business following Texas market outlets should therefore avoid treating editorial publication and paid endorsement as legally identical categories.
What People Often Get Wrong
A common assumption is that only celebrities have publicity rights. State rules can protect ordinary individuals as well, depending on the jurisdiction and facts.
Another mistake is believing that owning the copyright in a photograph necessarily gives unrestricted rights to use the pictured person’s identity in advertising. Copyright ownership and publicity rights address different legal interests, so permission involving one may not resolve the other.
When Should You Get Legal Help?
Legal review can be valuable before launching campaigns using identifiable people, celebrity references, influencer material, voice replicas, altered images, archived photographs, or synthetic media that closely represents a real person.
Advice may also be needed after receiving a takedown request or demand for payment. Preserve releases, contracts, creative briefs, publication dates, source files, and communications showing how consent was obtained.
Frequently Asked Questions
Does someone have publicity rights if they are not famous?
Potentially. Some state laws protect qualifying unauthorized commercial uses involving ordinary people as well as well-known personalities. Fame may affect commercial value but is not universally the sole basis of protection.
Can I use a person’s photograph if I found it online?
Finding an image publicly accessible does not automatically grant every copyright, privacy, or publicity permission needed for advertising or merchandise.
Do publicity rights continue after death?
That depends on applicable state law. Some jurisdictions recognize forms of postmortem protection. California, for example, has a separate statutory provision addressing certain commercial uses involving deceased personalities.
Clear the Rights Before Publishing the Campaign
Identity-based marketing should be reviewed before money is spent on printing, advertising, sponsorships, or distribution. Confirm who controls the photograph or recording, whether the depicted person’s consent is required, and whether the planned commercial use stays within that permission. A short clearance review can prevent a much larger dispute after a campaign is already public.
This article provides general legal information and is not a substitute for advice from a qualified attorney.
