NEW YORK: At a time when it has never been easier to monetize—or steal—a person’s name, image, and likeness, understanding the legal protections surrounding these rights is more important than ever. Against that backdrop, law firm Moses Singer has released a richly detailed online heatmap cataloging the common law and statutory right of publicity protections across all 50 states. This new resource provides an in-depth look at the patchwork of laws governing publicity rights across the country, helping individuals and businesses navigate the complex and varied legal frameworks that exist from state to state.

“It’s not obvious that a social media influencer in Iowa has no statutory or common law protection over their right of publicity while a peer just across the border in Minnesota receives some of the strongest protections in the nation,” said Elizabeth A. Corradino, chair of the Intellectual Property, Entertainment/Media & Technology practice group at Moses Singer. “This interactive map will serve as a valuable resource by providing detailed information about the right of publicity in every state.”

The map offers a color-coded indication of each state’s degree of protection, as well as state-by-state data points on the scope of laws (for instance, whether they cover voices or deceased personalities) and statutory penalties. It also includes links to relevant state statutes.

Changing media consumption practices and other trends have allowed an entirely new universe of individuals, ranging from micro-influencers to college football stars, to monetize their names, likenesses, and other identifiable characteristics. Simultaneously, artificial intelligence is facilitating fake representations of personalities, such as respected doctors whose personas are being hijacked to sell wellness products, as described in a recent New York Times report.

“The right to publicity is more than a century old, but its protections have never felt more relevant,” said David Rabinowitz, a partner in Moses Singer’s Intellectual Property, Litigation & Law Firms practice. “In the absence of a national law, our map will be an important educational tool for those interested in, or directly impacted by, the significant state-by-state differences in the right of publicity.”

In recent years, multiple federal right of publicity laws have been proposed in Congress. Most recently, in April of this year, the NO FAKES Act was reintroduced as a bill in both the House of Representatives and the Senate.

The map is available online here.

About Moses Singer

For over 100 years, Moses Singer has provided legal services to a diverse range of clients, including leading banks, companies, individuals, and families. Our client base spans industries such as banking and finance, entertainment, media, real estate, advertising, and technology. We advise both emerging entrepreneurs and well-established businesses on corporate transactions and financing matters.

Our core focus lies in banking, corporate, litigation, intellectual property, and bankruptcy and restructuring. Our attorneys are seasoned professionals who are highly respected in their fields. Many have built their entire legal careers at the firm, contributing to a culture grounded in excellence, integrity, and sound judgment. This depth of expertise and long-standing stability enables us to deliver high-quality, practical, and personalized legal services to our clients.

Fonte: Business Wire