Commercial exploitation
Commercial availability of works identifying an individual's persona.
Definition
The Act clarifies that commercial exploitation encompasses the commercial availability of a sound recording or audiovisual work in which an individual's name, photograph, likeness, or voice is readily identifiable; this concept is used to define when publicity rights are being exercised or maintained, including for posthumous rights retention.
Related Terms
Posthumous right of publicity
Exclusive publicity rights for ten years after death....
Voice
An individual's authentic or simulated vocal identity....
Simulated voice
AI-generated or synthesized voice resembling a person....
Right of Publicity
An individual's inherent right to control the commercial use of their identity, including name, likeness, and voice....
Deceased personality
An individual whose persona has commercial value at or because of death....