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The right of publicity shares characteristics of a property right and as such is transferable to the person's heirs after their death. The Celebrities Right Act was passed in California in 1985, and it extended the personality rights for a celebrity to 70 years after their death.
Personality rights are generally considered consisting of two types of rights: the right of publicity, or to keep one's image and likeness from being commercially exploited without permission or contractual compensation, which is similar (but not identical) to the use of a trademark. And the right to privacy, or the
Likeness Rights: In addition to using a copyrighted work, you can be also be sued for using someone else's name, likeness, or personal attributes without permission (most often when used commercially). The right of publicity is essentially the right to control the commercial use of your identity and image.
In most states, you can be sued for using someone else's name, likeness, or other personal attributes without permission for an exploitative purpose. Usually, people run into trouble in this area when they use someone's name or photograph in a commercial setting, such as in advertising or other promotional activities.
California Civil Code, Section 3344, provides that it is unlawful, for the purpose of advertising or selling, to knowingly use another's name, voice, signature, photograph, or likeness without that person's prior consent.
You cannot invade the privacy of a dead person, so you generally cannot be sued for misappropriation of the name or likeness of a dead person, unless the misappropriation took place before the person in question died.
The celebrity's likeness is not copyrightable, but celebrities have a right of publicity. Courts in recent cases have found First Amendment protection for artists using the celebrities' images in certain art works. These cases do not state that an artist can exploit a celebrity's likeness without permission.
Misuse of an Image and How to Understand Copyright. Quite simply, misuse of an image is when someone uses a picture you've made in any way other than what you have given permission for. That could be in the form of prints or digital publication, for example.
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