Communications And Media Legal Questions

This is a question related to what is called the right of publicity. The right of publicity is the right of a person to control how he or she is portrayed. The Right of Publicity protects a person's right in his or her name and likeness, this is, name, voice, signature, photograph, and likeness. The right of publicity also states that if a person's special features or characteristics are used for any purpose, that person is entitled to decide how are those characteristics use, if they can be used, and to receive monetary compensation.  The right of publicity is a matter of state law. However, in general terms, no individual or entity is allowed to use the image o characteristic features of another unless consent has been confirmed in writing. That means, that if you record a person if that person can establish that his specific characteristics are identified, this person may be entitled to compensation. Additionally, if a person is recorded and the record is published without authorization, this conduct could be categorized as an unlawful invasion of privacy. Finally, only in specific circumstances, a person or an individual is allowed to use another's features without authorization, these called "newsworthiness". ... Read More