Typically, a person's publicity or personality right is violated when recognizable aspects of his or her persona, such as name, voice, signature or photograph are used, without their permission, to sell or advertise the produce or services of someone else. In most states with publicity rights, the rights survive death and are transferable and descendible. In Tennessee, the right survives indefinitely, so long as they are used at least every 10 years. In other states such as California, post-mortem rights last 50 years after death. With the exception of Tennessee, the range of post-mortem duration throughout the country is between ten and one hundred years.
Most states provide for the possibility of damages in excess of actual damages.
A few states such as California require registration. A few states require evidence of prior exploitation by the person who developed the persona. Prior case law generally protected Washington residents against unauthorized invasions of their privacy. The Washington Supreme Court also has acknowledged the importance of an individual's name. See State ex rel.