he three parties involved in this business matter are Ellen DeGeneres, Clean Clothes Company and Joseph A. Bank clothing store. Ellen DeGeneres is suing Clean Clothes Company for using her likeness and dance in a commercial video without her permission. The law that Ellen is presented in the court is misappropriation and right of publicity against the Clean Clothes Company. The Clean Clothes Company is countersuing Ellen DeGeneres for product disparagement. While ...view middle of the document...
And the law of the right of publicity means Right of publicity means the right of an individual to control any commercial use of his/her name, image, or some other aspects of one's identity. In the U.S., it is a state law-based right. In the U.S., right of publicity is enforced through state law. The recognition of the right varies from state to state. Some states have clearly provided this right by way of statute. States which do not have specific legislation relating to the right to publicity recognize the right by way of common law. It is generally considered a property right rather than a personal right. So the right of publicity is descendible to the person's heirs after their death.
The Right of Publicity is a rapidly-evolving right with great increase in reported cases in the United States and worldwide. The right of publicity is also termed as publicity rights or personality rights.
The following is an example of a state statute (Indiana) defining the right of publicity.
Burns Ind. Code Ann. § 32-36-1-7. Right of publicity.
"Right of publicity" means a personality's property interest in the personalities:
(7) Distinctive appearance;
(8) Gestures; or
(9) Mannerisms (www.uslegal.com)