Right of Publicity Committee

The Right of Publicity (ROP) Committee develops and advocates our policy on the right of publicity. The Committee monitors and analyzes developments in treaties, case law, legislation, and implementation in various jurisdictions, and proposes policy recommendations to the Board. Committee work includes writing reports and submissions, interacting with ROP organizations, and advocacy in conjunction with relevant committees and staff.

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Highlights

On March 27, 2019, the Board adopted a resolution on the Right of Publicity Minimum Standards put forward by the Committee’s Minimum Standards Subcommittee. The resolution was based upon the work of the 2016‒2017 State of the Law Subcommittee and furthers the Board resolution of March 1998 on the U.S. Federal Right of Publicity, which approves in principle federal ROP legislation as an amendment to the Lanham Act. The resolution sets out the Committee’s proposed minimum standards for a ROP to be used as a foundation for jurisdictions that recognize, or are considering recognizing, such rights. This is the first step in achieving the long-term goal of harmonizing ROP laws across many jurisdictions.

Given the differences in recognition of and protection for ROP around the world, the Committee in the 2016‒2017 and 2018‒2019 Terms undertook a survey of ROP statutes and/or case law in 16 countries and Guernsey. The results are compiled into a guide, Right of Publicity State of the Law Survey, available to members only to use in their legal practice.