Identity-Holder

The “identity-holder” is the person whose name, likeness, or other indicia of identity forms the basis of a right of publicity claim.  The identity-holder need not be the same as the publicity-holder if a jurisdiction treats the right of publicity as a transferable property right.  In such jurisdictions, an identity-holder may transfer his or her interests to another person or company who is the “publicity-holder.”  Elsewhere, I have questioned this transferability.  See Jennifer E. Rothman, The Inalienable Right of Publicity, 101 Georgetown Law Journal 185 (2012).