Which States Protect Rights of Publicity, and What Do They Protect?

• Author: Weston Anson
• Pages: 65-85

65

Which States Protect Rights

of Publicity, and What Do

They Protect?

Although this is a relatively brief chapter, it is packed with a substantial amount of

information—data on the various state statutes that exist, as well as a summary of the

common law and precedents in other states affecting rights of publicity. The informa-

tion in this chapter is as up-to-date as possible and is current as of late 2014. The pur-

pose of this chapter is to summarize, as succinctly as possible, the legal coverage for

rights of publicity on a state-by-state basis.

As we already know, there is no singular protection under federal law. And, as pre-

viously discussed, it does not appear that a federal law will be a part of the federal code

anytime in the near future. Also, as we know, there’s only been one right of publicity

case decided before the Supreme Court. That was Zacchini v. Scripps-Howard Broad-

casting Co., decided in 1977.1

I. A Patchwork Quilt of Laws, Precedents,

and Protections

Thus, we find ourselves with only state statutes and state common law to turn to when

looking for guidance in the protection of a person’s right of publicity. The word “patch-

work” is purposely used here because each statute differs one from the other—some

1. Zacchini v. Scripps-Howard Broad. Co., 433 U.S. 562 (1977).

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66 Right of Publicity: Analysis, Valuation, and Current Legal Status

to a quite substantial extent. Also, common law in those states without statutes varies

depending upon the venue in which one finds oneself. Therefore, we’ve organized the

chapter very simply: First, we’ll take a look at the state statutes in alphabetical order.

We’ll comment briefly upon each one and provide some general comments at the end

of that section. That will be followed by a discussion of those states with common law

protections, and a look at a handful of notable state common law cases. Finally, we’ll

conclude by examining postmortem rights of publicity in those states where the post-

mortem right exists.

First there are those states with common law protection, from Alabama to West

Virginia. The common law states are as follows:

Alabama

Arizona

California

Connecticut

Florida

Georgia

Indiana

Maine

Michigan

Minnesota

Missouri

New Hampshire

New Jersey

North Carolina

Ohio

Oregon

Pennsylvania

South Carolina

Texas

Washington

West Virginia

Some protect minimally, others have substantial protections. Then there are those

with formal statute protection, as follows:

Arizona

California

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