In an identifiable manner, 2. Without consent, and 3. For the benefit of the wrongdoer. Generally, only persons who are injured may assert a claim. Privacy rights do not survive the injured party's death.
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.