The right of publicity protects an individual’s identity against commercial exploitation without permission. It is protected by a patchwork of state-based rights that are not uniform. There is uncertainty as to the parameters of this right and consequently risk for those who want to use identities in a commercial manner.
This presentation reviews the basics of the right of publicity, while identifying how to avoid pitfalls in this area when advertising generally or in social media, or when buying or selling an NFT that portrays someone.
Key topics to be discussed:
Overview of the right of publicity
Application of the law to advertising, social media and NFTs
Date: December 14, 2022
Jonathan S. Jennings | Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
Jonathan S. Jennings has practiced trademark and right of publicity law at Pattishall, McAuliffe for over 30 years. Jonathan has represented celebrities such as Tiger Woods and the late Johnny Carson on right of publicity matters. He helped to draft the Illinois Right of Publicity Act and testified before the Illinois Legislature on this legislation. He has taught a class on right of publicity and privacy law for over 15 years as an Adjunct Professor at the University of Illinois Chicago School of Law.
I. Overview of the right of publicity | 12:00pm – 12:20pm
II. Recent cases | 12:20pm – 12:40pm
III. Application of the law to advertising, social media and NFTs | 12:40pm – 1:00pm