Some states treat the right of publicity as a subset of the right of privacy. The right of publicity is a fairly recent legal development, the contours of which are still being refined. The applicability and parameters of publicity rights vary by states that recognize such a claim. The doctrine is usually characterized as the right of each individual to control and profit from the commercial value of his own identity. It is most often applicable to celebrities since these individuals have commercial value in their names and likenesses.
Publicity rights can continue after death in some states.
When using the work or likeness of another, one should seek written permission from the author of the work or the person portrayed prior to use to avoid allegations of copyright infringement or privacy violation claims. Permission can be a complete defense to infringement or invasion of privacy. Permission to use copyrighted works can be given in the form of an oral or written, non-exclusive license. The license can grant one or more of the owner's exclusive rights. It may also designate the context in which the work can be used, i.e., for educational purposes, and the time period.