Statutes

In the United States, the Right of Publicity is a state-based right, and therefore each state must determine if and how it will recognize the Right. The statutes are the Alpha and Omega of analyzing a Right of Publicity situation, because in general Judges will adhere to the statutory language passed by the state legislature. At present, nineteen states recognize the Right of Publicity via statutes. Twenty-eight more recognize the right via common law. Pennsylvania is one of the most recent states to pass a Right of Publicity statute, and there is an effort to enact Right of Publicity legislation in North Carolina. California recently amended its Right of Publicity statute, and New York has had a bill in front of its legislature for the past few sessions. Stay tuned for further developments, and meanwhile, enjoy reading the text of the following Right of Publicity statutes.

Arizona (military RoP 2007)
California
California (2008 amendment to 3344.1)
Florida
Illinois
Indiana
Kentucky
Massachusetts
Nebraska
Nevada
New York
Ohio
Oklahoma
Pennsylvania
Rhode Island
Tennessee
Texas
Utah
Virginia
Washington
Wisconsin

Other Legal Sources

Restatement (Third) of Unfair Competition, s.46-49

Draft Statutes

New Hampshire draft 2012 – Download the PDF
New York draft 2013 – Download the PDF
North Carolina draft 2009 – Download the PDF
Massachusetts draft 2011 – Download the PDF
Illinois draft amendment 2008 – Download the PDF
2007 press release re SB 771 amending CA’s publicity law – Download the PDF