What Is the Right of Publicity?

The right of publicity is a legal right that protects individuals from unauthorized commercial use of their name, image, voice, or likeness. All 50 US states recognize some form of right of publicity, though the scope varies significantly. For deepfake NCII cases, the right of publicity provides an additional legal cause of action when deepfake content is used commercially (for example, in fake advertisements or as paid content on adult platforms). It also applies to AI model training, as using someone's likeness to train a commercial AI model may constitute a violation of the right of publicity.

Key facts about this term

1. Assess whether the deepfake use is commercial Right of publicity claims are strongest when the deepfake is used for commercial purposes.
2. Identify the strongest state right of publicity law California and New York have the most comprehensive right of publicity statutes. The state where harm occurred may be relevant.
3. Pursue right of publicity claims alongside NCII and IIED claims Right of publicity provides additional damages and grounds for civil action against perpetrators and potentially platforms.