Publicity Rights

The right of individuals to control the commercial use of their name, image, likeness, voice, or other identifiable aspects of their persona. While technically distinct from privacy rights, publicity rights intersect with data protection laws when organizations use personal information (such as photos, videos, biometric data, or identifying characteristics) for commercial purposes like advertising, endorsements, or merchandise. Publicity rights are primarily governed by state laws in the U.S., with significant variation between jurisdictions. Some states recognize publicity rights only for living persons, while others extend them posthumously. Organizations using individual likenesses must generally obtain permission, particularly for commercial purposes. From a privacy compliance perspective, using someone's image or likeness typically constitutes processing personal data (biometric data if used for identification), requiring appropriate legal basis and transparency. Special considerations apply when using images of children. Organizations should obtain proper releases, clearly explain how images will be used, limit use to stated purposes, and honor opt-out requests.