Right of Publicity Statutes & Interactive Map

The Right of Publicity is a state-based property right in the United States. Each state determines the parameters of recognition. A statute is not a prerequisite for the Right of Publicity to be enforceable. Many states arrive at the same outcome via common law. Louisiana, Alabama, Arkansas, New York and South Dakota are among the most recent to pass a Right of Publicity legislation. California passed a critical amendment to its Right of Publicity statute in the wake of the Marilyn Monroe cases, the author of this website led the amendment to Indiana’s Right of Publicity statute, and New York only recently broke out of its stalemate concerning publicity rights.

Statutes

Alabama – Download the PDF
Arizona (military RoP 2007)
Arkansas
California
California (2008 amendment to 3344.1)
Florida
Hawaii
Illinois
Indiana
Kentucky
Louisiana
Massachusetts
Nebraska
Nevada
New York
New York (2020 post-mortem Right of Publicity)
Ohio
Oklahoma
Pennsylvania
Rhode Island
South Dakota
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 current. This site makes no warranties or guarantees about the accuracy 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. This site and its contents are provided as a courtesy only. Use of this site does not constitute legal advice. You are advised to check official sources and to consult with a qualified attorney in your jurisdiction.