Conflict of two rights: publicity right and freedom of expression

Publicity Right means that exploitation of another personality with his permission is possible. There is no doubt about this right But there is disagreement over the realm of it. Can an exception be made for this right Or, any use of another personality is subject to the permission of the person? In American law, full implementation of this right is a violation of freedom of expression. For this reason, they have tried to modify this right and, in particular, define its boundaries with freedom of expression. The most important difficulty in this direction is determining the criteria for distinguishing the realm of the right. Various criteria are presented for this purpose. The most important criterion is the theory of fair use. Accordingly, if a person changes the identity of a celebrity And transform it into another form or, if the intention of the individual is to disseminate information about a famous person, his action will be justified. In fact, in these two cases, the right of publicity will be sacrificed at the expense of more important value: freedom of speech. In this article, we are trying to provide suggestions for the Iranian legal system by studying the US legal system.