Abstract
The right of publicity, a historically recent development in privacy protection, was initially created to prevent false endorsement claims but has since expanded significantly in scope. Publicity rights are protected throughout the United States through common law, state statute, or both. No federal protection exists. The right of publicity protects against the unauthorized commercial use of an individual’s name, image, or likeness, with some states also protecting mannerisms or gestures. Roughly 25 states statutorily protect posthumous rights of publicity, usually for some fixed period but extending indefinitely in the state of Tennessee