Other IP covers unique areas of intellectual property beyond the basics. From domain name disputes and geographical indications to design rights and plant varieties, these protections help safeguard distinctive aspects of your work. Learn more about how these specialized areas can protect your innovations and brand presence!
What is a right to privacy?
The right to privacy, sometimes called the “right to be let alone,” includes such rights as the right not to have one’s personal affairs disclosed/publicized. It is supposed to prevent others from using your private affairs for their own benefit, such as by invading your home, intruding on your private affairs, or publicizing your private information (without a legitimate public interest).
Some states (such as California) have additional protection to protect consumer privacy and to protect against excessive data gathering by websites.
What is a right to publicity?
The right to publicity is the right to right to control the commercial exploitation of certain aspects of your public image, usually focused on your name, image, or likeness. It can also apply to other aspects of your public image, such as the sound of your voice or an iconic TV pose. The scope of this right varies from state to state. It might be strongest in states with a thriving entertainment industry (California and New York), but other states (Minnesota and Tennessee) do also protect this right.
This right is limited to commercial exploitation, such as advertising a movie as starring a particular actor, or advertising a product as approved by a particular celebrity (or non-celebrity). It does NOT generally allow anyone to limit what can be said about them in the news or by fans.
What is “defamation”?
Defamation (libel or slander) occurs when you publish a statement about someone that is both (A) false, and (B) holds them up for public obloquy or ridicule. “Libel” generally refers to written statements; “slander” generally refers to spoken statements. The 2nd half is quite broad; it is possible to defame someone by calling them a liar, or by saying they have acted unprofessionally, or even that they have a loathsome disease (AIDS might qualify). However, the statement generally has to be false, so a personal opinion, or a statement which is not really a true/false statement, would not qualify. Example: “That restaurant isn’t any good.” And some statements which are literally true/false that are not regarded as defamatory because they are considered hyperbole, parody or jokes.