The authoritative online resource for in-depth analysis & discussion of the Right of Publicity.

Statutes

In the United States, the Right of Publicity is a state-based right, and therefore each state can determine the parameters of recognition of the Right of Publicity.  Of course, having a statute on the books is not a prerequisite for the Right of Publicity to be enforceable in a given jurisdiction, since many states arrive at the same outcome via common law.  I believe the count is 38 states with some form of common law precedent, and 21 states with some form of right of publicity statute. Hawaii and Pennsylvania are among the most recent states to pass a new Right of Publicity statute, whereas both California and Indiana are among the most recent to pass critical amendments.  California amended its Right of Publicity statute in the wake of the Marilyn Monroe cases.  In 2012, the author of this website led a successful legislative effort to amend the current version of Indiana’s Right of Publicity statute, which included drafting, testifying in front of the Indiana legislature, and defending the bill against lobbyists.

Arizona (military RoP 2007)
California
California (2008 amendment to 3344.1)
Florida
Hawaii
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

Disclaimer: These statutes may not be the most recent version. This site make no warranties or guarantees about the accuracy or completeness of the information appearing on this site or on any of the links, updates, blog entries or commentary on this site or on any sites to which links appear on this site. You are advised to check official sources.

Recent Posts

In The News