The right of publicity is a state law that protects individuals' identities from being used by others without permission. The boundaries of the claim vary widely from state to state. Rothman's Roadmap to the Right of Publicity provides an interactive overview of each state's right of publicity laws, as well as breaking news and commentary by Jennifer Rothman, the leading scholar in the field.

Right of Publicity State-by-State

Select a state or territory to learn more about its right of publicity laws.

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More News & Commentary

“Navigating the Identity Thicket” Out in the Harvard Law Review
Rothman right of publicity identity thicket
My new article, Navigating the Identity Thicket: Trademark's Lost Theory of Personality, the Right of Publicity, and Preemption, is now out in the Harvard Law Review In the Article, I shine a light on the problems created by overlapping and conflicting rights in...
Federal Circuit Holds Bar on Registering “Trump Too Small” Violates First Amendment
On Thursday, the Federal Circuit decided In re Elster and reversed the Trademark Trial and Appeal Board’s (TTAB) rejection of a trademark application by Steve Elster to register “Trump Too Small” on t-shirts and other apparel. An example of the relevant merchandise can...
Third Circuit Holds that Newscaster’s Right of Publicity Claim can Proceed against Facebook
The Third Circuit in a 2-to-1 decision in Hepp v. Facebook has parted ways with the Ninth Circuit by holding that the Communications Decency Act § 230 (CDA § 230) allows right of publicity claims. This reversal of the district court allows the...