Is there a federal Right of Publicity?

• A. Yes, nationwide
• B. No, it is a matter of state law
• C. Only for federal officials
• D. It exists in all jurisdictions but varies

Answer: (B)

Rights of publicity are created by state law to protect how a person’s name, likeness, or identity can be used for commercial purposes. They function as a property-like interest and each state can define its own scope, duration, and defenses. There is no nationwide federal Right of Publicity because the U.S. Constitution and federal statutes do not establish a single, universal right of this type. When a publicity issue arises in federal court, the court applies the relevant state law under choice-of-law rules, leading to a patchwork of protections across the country.

There are federal tools that can touch on related issues—such as false endorsement under the Lanham Act or other First Amendment considerations—but these do not create a general federal right of publicity. So the most accurate answer is that there is no federal Right of Publicity; it is a matter of state law.