This right, now commonly referred to as the right of publicity, is still evolving. The stores selling Elvis Presley tee shirts, Hank Williams, Jr. bandannas or Barbara Mandrell satin jackets are not selling clothing as much as they are selling the celebrities themselves. We are asked to buy the shortening that makes Loretta Lynn's pie crusts flakier or to buy the same insurance that Tennessee Ernie Ford has or to eat the sausage that Jimmy Dean makes. There are few every day activities that have not been touched by celebrity merchandising. This, of course, should come as no surprise.
Celebrity endorsements are extremely valuable in the promotion of goods and services.
They increase audience appeal and thus make the commodity or service more sellable. These endorsements are of great economic value to celebrities and are now economic reality. This right of publicity would usually yield them no money unless it could be made the subject of an exclusive grant which barred any other advertiser from using their pictures. The appellate courts of this State have had little experience with the right of publicity. The Tennessee Supreme Court has never recognized it as part of our common law or has never undertaken to define its scope.