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The right of publicity, protecting one’s name and likeness from being commercially used by others without the permission of the owner, is located in the new frontier area of intellectual property. Although China has several cases concerning the right of publicity, the right itself is unfamiliar to many people, including experts, judges and legislators in the field of intellectual property law. Even the term the right of publicity has different translations in Chinese. This article has conducted a detailed study on the law of publicity right in the United States, especially on the case law decided by various state courts. On the basis of the study, the article further discusses the concept, subject matter, limitation and duration of publicity right, and the infringement and remedies with respect to the publicity right. As the United States has an advanced law to protect the right of publicity, a thorough examination of the experiences of the United States is very important to us in the field of intellectual property law. It is no doubt that a good knowledge and understanding of the law on right of publicity in the United States will in turn help China improve its protection of the right of publicity.
The right of publicity, protecting one’s name and likeness from being commercial used by others without the permission of the owner, is located in the new frontier area of intellectual property. Although China has several cases concerning the right of publicity, the right itself is unfamiliar to many people, including experts, judges and legislators in the field of intellectual property law. Even the term the right of publicity has different translations in Chinese. This article has conducted a detailed study on the law of publicity right in the United States, especially On the basis of the study, the article further discusses the concept, subject matter, limitation and duration of publicity right, and the infringement and remedies with respect to the publicity right. has an advanced law to protect the right of publicity, a thorough examination of the experiences of the United States is very important to us in the field of intellectual property law. It is no doubt that a good knowledge and understanding of the law on right of publicity in the United States will in turn help China improve its protection of the right of publicity.