Right of publicity, explained.
The right of publicity is a person's right to control the commercial use of their identity, their name, image, likeness and voice. It is the legal backbone for stopping an unlicensed AI clone of a performer, and unlike copyright it protects the person, not a particular work.
What it covers
The right of publicity covers the commercial use of a person's name, image, likeness and voice, and in some places their signature or recognisable persona. The key word is commercial: using someone's identity to sell or promote something. It clearly covers living talent, and in several jurisdictions it survives death and passes to the estate.
Where it comes from, and why it varies
There is no single global right. In the US it is state law, with no federal statute: California protects it for the living (Civil Code section 3344) and the deceased (section 3344.1), and AB 1836 (2024) extends it to unauthorized digital replicas of deceased performers. In the EU it lives in national image and personality rights, which are not harmonized, so who holds the right and for how long depends on the country. That is why documenting who actually holds it comes first.
Why it is the lever for AI likeness
Copyright can cover a specific film clip or recording, but an AI clone often uses none of your copyrighted material, it recreates the person. The right of publicity is the claim that fits, because it protects the identity itself. For agencies and estates it is usually the primary route, sitting alongside impersonation and privacy claims. talicense registers who holds that authority and preserves the proof needed to enforce it.
Common questions
Is the right of publicity the same as copyright?
No. Copyright protects creative works. The right of publicity protects a person's identity, their name, image, likeness and voice, from commercial use. An AI clone usually engages the second, not the first.
Does it survive after death?
In some places, yes. California (section 3344.1, AB 1836), Spain (LO 1/1982) and Germany (KUG section 22) all give heirs post-mortem control, for different periods. In others there is no post-mortem right at all. It is entirely jurisdiction-specific.
Does it apply to AI clones?
Yes, where the clone makes commercial use of the person's likeness or voice without authorization. Newer laws like California's AB 1836 name digital replicas directly.
Sources
Primary legislation and authoritative references. Laws change; confirm the current text and its application with qualified counsel.
- US, California Civil Code sec. 3344 (living) and 3344.1 (deceased) right of publicity, California Legislative Information
- US, California AB 1836 (2024): deceased performers digital replicas require estate consent, California Legislative Information
- Spain, Ley Organica 1/1982 (right to ones own image), BOE
- Germany, Kunsturhebergesetz (KUG) sec. 22 (image rights, 10 years post-mortem), Gesetze im Internet
General information, not legal advice. Likeness and image rights vary by country. Confirm specifics with qualified counsel.