The right of publicity is not a constitutional right. In fact, the United States constitution does not so much as mention the right of publicity (not even the penumbra). The right of publicity is fundamentally an economic right to exploit your name, image and likeness for commercial gain.
The constitution, more specifically, the First Amendment, keeps the right of publicity in check. The First Amendment protects our right to comment on, parody, and make other expressive uses of a person’s image. Much to the consternation of celebrities lampooned on Southpark, the right of…read more >