Right of Publicity

It can generally be said that non-celebrities have a right to remain private. This right is embodied in four types of impermissible activity: intrusion into one's solitude; unauthorized disclosure of one's confidential information; placing one in a false light; and, appropriation of one's name or likeness. Depending upon the state, legal action for appropriation can be brought either as a violation of one's right to privacy or as a right of publicity if the appropriation offense has been codified in a statute.

In Illinois, as in most states, every individual has a right to privacy, and if any facet of their identity is used for commercial purposes the individual has the right to control it. Under the Illinois Right of Publicity Act (the “Illinois Act”) "identity" is defined as any attribute serving to identify an individual to an ordinary, reasonable viewer or listener, that includes but is not limited to your name, signature, image or likeness, or voice. The right to control one's publicity may be transferred to others by a written document, including wills.

Ordinarily, a celebrity's identification has value; just ask any advertiser or advertising agency how the appearance of an entertainer, athlete, or politician can assure the success of a product, service, or activity. Celebrities endorse products, appear on packaging, and their acts may become the product itself, as in an audio or video recording. Because of this value, celebrities typically try to control use of their names, likenesses, and performances. However, in some states, like Illinois, this right is extended to less famous persons.

The Illinois Act does not apply to non-commercial purposes such as news, public affairs, sports broadcasts, political campaigns, live performances, a single work of fine art, play, book, article, musical work, film, radio, television, or other audio, visual, or audio-visual work. "Commercial purposes" is defined as activities involving the offering for sale or the sale of a product, merchandise, goods, or services, advertising or the promoting of products, merchandise, goods, or services, or for the purpose of fundraising. Unfortunately it isn't always easy to determine what is and isn't a commercial purpose.

If you are concerned about your privacy or publicity rights, call the Law Office of David MacTavish.



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                                                                           Copyright 2008 David MacTavish