Publicity Right of Privacy and Celebrities, Public Figures, and Military Personnel

• Jurisdiction: Maryland

III. PUBLICITY RIGHT OF PRIVACY AND CELEBRITIES, PUBLIC FIGURES, AND MILITARY PERSONNEL

A person need not be "famous," a public figure, or have achieved a degree of celebrity or notoriety, to assert a publicity right of privacy against another in Maryland who has misappropriated his name and/or likeness.⁶² Anyone in Maryland may bring an action against another involving the use of his/her persona without permission. To succeed in an action in Maryland, however, the person alleging misappropriation must, in addition to establishing misappropriation, demonstrate that his or her name and/or likeness shown in a photograph, drawing, or other medium have commercial or other value.⁶³

Public figures may be defined by their accomplishments, fame, or mode of living, or by adopting a profession or calling which gives the public a legitimate interest in his doings, his affairs, and his character, and thus has become a public personage.⁶⁴ Because celebrities and other public figures can earn substantial revenues for associating their persona with, or endorsing, products...