Right of publicity
A person's control over commercial uses of their identity, such as putting their name, face, or recognizable voice in an ad.
What it is
The right of publicity lets a person control certain commercial uses of their identity, including a name, likeness, and sometimes a recognizable voice or persona. In the United States it comes mainly from state law, so its scope, exceptions, duration, and remedies vary. Bette Midler's case over a Ford commercial that imitated her distinctive singing voice is a classic reminder that identity can reach beyond a photograph.
Reach for a publicity clearance before using a real person's identity to sell, endorse, merchandise, or promote something. The ordinary tool is a model or talent release that states the media, purpose, territory, term, editing rights, compensation, and whether the use implies endorsement.
Gotcha: copyright permission and publicity permission clear different rights. A photographer may license the photograph without having power to authorize an advertisement featuring the person in it. Editorial, newsworthy, expressive, and commercial uses are also treated differently, so 'it was posted publicly' is not a release.
Ask AI for it
Create a right-of-publicity clearance workflow for the campaign described below. List every identifiable person and every use of their name, image, voice, signature, or persona. Generate a model release stating the specific media, commercial purpose, territory, duration, editing rights, compensation, approval rights, and endorsement language. Send it through the DocuSign eSignature REST API, store the completed envelopeId and signed PDF against each asset, and block publication when clearance is missing or narrower than the planned use. Treat copyright ownership as a separate check. Mark state-law, minor, deceased-person, and union issues as bracketed TODOs for counsel.