Privacy and Publicity Rights

Doniger / Burroughs

Right of privacy law protects individuals’ personal information, autonomy, and dignity from unauthorized intrusion. While specific laws and protections vary by jurisdiction, the right of privacy typically covers several key areas:

  1. Intrusion into Seclusion: Protects individuals from unauthorized physical or electronic intrusion into their private spaces or affairs, such as through trespassing, surveillance, or eavesdropping.
  2. Appropriation of Name or Likeness: Prohibits the unauthorized use of an individual’s name, likeness, or identity for commercial purposes, such as in advertising or merchandising, without their consent.
  3. Public Disclosure of Private Facts: Prevents the public dissemination of private, non-newsworthy information about an individual that would be highly offensive to a reasonable person and is not of legitimate public concern.
  4. False Light: Prohibits the portrayal of an individual in a false or misleading manner that would be highly offensive to a reasonable person, even if the information disclosed is true.
  5. Right to Informational Privacy: Protects individuals’ control over their personal information, including the collection, use, and disclosure of data by government agencies, businesses, and other organizations.

Enforcement of privacy rights often involves civil lawsuits seeking damages, injunctions, or other remedies for violations. Additionally, some jurisdictions have enacted specific privacy laws and regulations governing data protection, online privacy, and consumer rights.

Similarly, some jurisdictions have enacted specific laws to protect publicity rights, such as California Civil Code Sec. 3344. Right of publicity is a legal concept that grants individuals the right to control and profit from the commercial use of their name, likeness, image, or other aspects of their identity. It protects against unauthorized use of a person’s identity for commercial purposes, such as in advertising, merchandising, or endorsements, without their consent. The right of publicity is often associated with celebrities, but it can apply to anyone whose identity has commercial value.

We have successfully enforced privacy and publicity claims for both celebrity and non-celebrity clients (examples not given to protect their privacy).

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