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UGC Campaigns and Right of Publicity

BY Alan L. Friel
February 01, 2012

Part Two of a Two-Part Article

In most states, one can be sued for using a person's name, likeness or other personal attributes for their own purposes without permission. The right of publicity is essentially the right of a person to control the exploitation of his or her identity.

The right of publicity is traditionally one of four types of privacy torts (see, Section 652A of The Restatement of Torts 2nd. However, this article addresses only the right of publicity and not the other torts concerning invasions of privacy that have been developed since establishment of the right of publicity; after all, it is rights-of-publicity claims, because they are treated as property rather than as personal rights, and not other types of privacy claims, which are merely personal, that some courts have excluded from Communications Decency Act (CDA) immunity as a form of intellectual property.

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