What is publicity right?
Publicity right refers to the right that gives permission or allows for the use of public figures’ names, portraits, signatures, or images for commercial purposes.
The gist of publicity right is that it not only includes simple portrait right but also a name, signature, or image, meaning that fan arts for public figures or parodied contents may apply for it.
In the United States or Europe, such publicity rights deemed highly significant and are strictly protected.
There are no stipulated laws or Supreme Court precedents.
However, you still need to be careful about violating publicity rights as there are some lower court cases.
What may be considered a violation of publicity rights?
Publicity rights are violated when one used an exact scene or content from other’s work
or when a particular figure or content is “clearly” associated with the secondary work (tracing a celebrity’s face or including his or her name).
Currently, the standard for publicity right is ambiguous, and definite precedents do not exist domestically. Therefore, MarppleShop cannot provide creators with a specific guide as of now.
What if I include a name in my goods?
If you create an item with characters that embody an idol group and name it the “poster of idol group ooo”, you would be violating publicity rights as anyone can associate it with a specific idol group.
