Re: USA Copyright Act

Bernadette Attwell <b.attwell[_at_]open.ac.uk> asked:
>
> Could someone explain what a 'likeness right' is in the context of US
> Copyright Law?

It sounds as if the reference is to the right of publicity, which varies from one state to another (and isn't even recognized by some). In brief, a right of publicity protects the right of an individual to control the commercial exploitation of his name, image, likeness, and, in some cases, a particularly unique attribute of his personality. It is a creature largely of decisional law, though some states now have right of publicity statutes.

Note also, however, that it could refer to the section of our trademark law that precludes the registration of a trademark consisting of or including the likeness of any living individual without first getting that individual's permission.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Fri Jul 24 1998 - 16:44:45 GMT