Critical Analysis of the Right of Publicity

Abstract

This article critically analyses the right of publicity under the laws of the United States (specifically California and New York), Iraq, the United Kingdom and the European Convention on Human Rights (ECHR) convention. The right of publicity is defined as a right designed to preclude the unauthorised utilisation of an individual's identity, typically involving appropriation of an individual’s likeness, name, voice, or image. This right was recognised to address the gaps and shortcomings of the right to privacy. This article analysed the legal frameworks of various jurisdictions, including the US states of New York and California, Iraq, the UK, and the ECHR. It was found that the right of publicity is conferred upon individuals by statutes in New York without reliance on common law. However, in California in addition to statutes, this right is also protected by common law. Conversely, Iraq, the UK, and the ECHR lack dedicated provisions for safeguarding the right of publicity. Still, there exist certain legal frameworks and common law principles in these jurisdictions that provide some degree of indirect protection to individuals. Given the global technological advancements, there is a need for protection to be afforded to individuals in order to safeguard their identity, and this protection could be achieved through the right of publicity. Consequently, this study suggests that Iraq, the UK and the EU should enact specific legislation governing the right of publicity. Such legislation would facilitate a more direct process for individuals seeking compensation for violations of this right. However, any regulation of this right shall carefully strike the balance between an individual's right to control their identity and the right to freedom of expression.