What is the right to privacy? What is the right of publicity?

Question

What will be an ideal response?

Answer 1

The phrase right of privacy is not explicit in the Constitution. However, Justice Brandeis acknowledged this right in the decision of Olmstead v. United States. Brandeis argued that despite the lack of specific language in the Constitution, the framers conferred the right to be left alone as the "most comprehensive of rights" and the "right most valued by civilized men." This right of privacy is not to be confused with the Fourth Amendment guard against unreasonable searches and seizures by the government (or police). This is the tort of invasion of privacy and celebrities will sue for the tort of invasion of privacy (which encompasses the right of privacy) due to the unyielding nature of some of the members of the media or fans and the like, and due to alleged libelous statements that place the plaintiffs in a false light. The right of publicity sometimes referred to as commercial misappropriation is a court based legal doctrine that prevents the unauthorized commercial use of an individual name, likeness, or other recognizable aspects of one's persona. Right of publicity gives an individual the exclusive right to license the use of their identity for commercial and consequently financial promotion. The right of publicity has been identified by courts as the inherent right of every human being to control the commercial use of his or her own identity. There are four types of invasions of privacy: (1) intrusion, (2) appropriation of name or likeness, (3) unreasonable publicity and (4) false light.