Personality rights are generally considered to consist of two types of rights:
- The right of publicity, or to keep one’s image and likeness from being commercially exploited without permission or contractual compensation. This is similar to the use of a trademark and the right of publicity can survive the death of the individual.
- The right to privacy, or the right to be left alone and not have one’s personality represented publicly without permission.
Usually, the motivation to engage in commercialization of personality rights is to help propel sales or visibility for a product or service.
Clearance to Use Copyright or Personality Rights
Before any third party works of authorship or personality rights are used in any way, for example in a publication, advertising materials or a web site of the Company, they must be cleared for use by your company’s legal team.