Indiana Business Law Blog
The concept of the right of publicity, sometimes referred to as “name, image, and likeness” (NIL) rights, particularly as they apply to National Collegiate Athletic Association (NCAA) student-athletes, has gained significant attention in recent years, especially with the rise of social media and the increasing commercialization of personal brands. Indiana’s right of publicity, codified at Indiana Code 32-36, provides a robust framework for protecting these rights. This article delves into the specifics of Indiana’s rights of publicity, what those rights entail, who is entitled to them, how to prevent misappropriation, and ways to monetize these rights.
What is the Right of Publicity?
The right of publicity is a legal principle that allows individuals to control the commercial use of their personal identity. This includes their name, image, likeness, voice, signature, and other distinctive characteristics. Essentially, it allows individuals to prevent others from exploiting their persona for commercial gain without permission.