Law Commons^™

How Much Of You Do You Really Own - A Property Right In Identity, Kathleen Birkel Dangelo

Cleveland State Law Review

An individual's identity is comprised of many different characteristics. The law has historically recognized the existence of a property right in certain characteristics of an individual, such as name and likeness. This recognition was premised on the idea that these characteristics comprise the essence of a person's identity and therefore, should be protected against appropriation by others. A problem in this area, however, has been the confusion among property, privacy, and publicity rights. Each of these rights touches the area of personal characteristics; however, the focus of each right is on a distinct area. The confusion between these rights has …