At its core, the “right of publicity” is aimed at preserving an individual’s exclusive right to the use of his/her name, identity, and likeness.
The right of publicity traces its roots to an individual’s “right of privacy.” However, the right of privacy seeks to protect an individual from undesirable invasions of privacy interests, i.e., preserving an individual’s “right to be let alone.” As such, it was generally necessary to demonstrate that the individual suffered emotional distress to support a right of privacy claim.
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