The Nature and Characteristics of Right of Publicity

Nowadays, individuals can gain fame through the media based on their abilities, luck or due to their attribution to other people. The formation of fame for individuals has two inevitable effects and risks: On the one hand, people in society are interested in knowing the details of a famous person's life, and therefore the famous person is exposed to the risk of violation to privacy right. On the other hand, because of prevalence of different types of the media, modern fame has gained commercial value, so that the suppliers use the identity characteristics of a famous person to promote their goods and services to increase their supply. To deal with these two dangers, the legal system uses two solutions: first, by using the general and pre-existing right to privacy, which is rooted in personality rights and human rights, it tries to prevent the violation of the privacy of these people. Second, by inventing a new right as the right of publicity, which is both rooted in property rights and personality rights, it organizes the commercial use of the identity characteristics of celebrities. Financial effects of this right (assignability, waivibility, descendibility, etc) must be adjusted in interaction with personality rights and public order.