Right of Publicity

Recently, Governor John Lynch of New Hampshire vetoed a bill (S.B. 175) that would have allowed an individual’s heirs to control the commercial use of the individual’s identity for 70 years following death.  Not all states recognize the “right of publicity” — the right for an individual to control his or her commercial likeness —

Last week, U.S. District Judge Richard Seeborg dismissed a putative class action against Facebook alleging that the company violated users’ rights of publicity by using their names and pictures for its Friend Finder service.  The Judge concluded that the class failed to demonstrate that they suffered any injury as a result of the service.  The Judge