"The Right of Publicity and Cyberspace" (published in the November/December 2003 issue of IP Litigator.)
The right of publicity is recognized in twenty-eight states. The scope of these laws varies widely from state to state. In general, the right protects against the unauthorized commercial use of an individual's identity (e.g., name, image, voice) and is a property right that can be assigned or licensed. In many, but not all states, the right extends post-mortem for a defined period of time.