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LAWSCAPE

Right of Publicity: Where Does Your State Stand?

The right of publicity comes from state rather than federal law—via statute or common law (i.e., case law) and, in some cases, from both sources. But there are also 18 states that don’t recognize an individual’s right of publicity. Here’s a geographic rundown.

Learn more about how the right of publicity plays into the unauthorized use of a celebrity for commercial purposes.

 
Notes:

  1. AZ statute gives a right of publicity to members of the military but not civilians.
  2. In CA, the right of publicity is transferable and lasts 70 years after the person dies.
  3. In FL, the right of publicity lasts for 40 years after the person dies.
  4. In IL, the right of publicity is only statutory and lasts for 50 years after the person dies.
  5. In KY, NV, PA and TX, the right of publicity lasts for 50 years after the person dies.
  6. LA courts have neither recognized nor ruled out a right of publicity.
  7. In NY, the right of publicity is only statutory and ends when the person dies.
  8. In OH, the right of publicity lasts for 60 years after the person dies.
  9. In TN, the right lasts 10 years and for as long as it’s used continuously thereafter (similar to trademark law).
  10. In UT, the statutory right of publicity covers only use for false advertising.
  11. In VA, the right of publicity is only statutory and lasts 20 years after the person dies.
  12. WA provides different layers of protection depending on whether a person’s identity has “commercial value.”
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