Right Of Publicity In Video Games

INTRODUCTION TO THE RIGHT OF PUBLICITY

Under the US law, the right of Publicity has an origin in the acknowledgment of the personal right to privacy. This right was first recognised in the United States in the second circuit court decision of Haelan Laboratories Inc v Topps Chewing Gum Inc¹ which involved dispute pertaining to the use of a well-known ball-players' photograph in advertising chewing gum companies and then in Zacchini v. Scripps-Howard Broadcasting Co.² The right of publicity was recognised as a 'property right' and is articulated in the Restatement (Third) of Unfair Competition³ as follows: '[o]ne who appropriates the commercial value ofa person's identity by using without consent the person's name, likeness, or other indicia of identity for purposes of trade is subject to liability".⁴