right-of-publicity
Book cover photo of actor and their &quot;Right of publicity&quot;
<p>I see unauthorized, unflattering books in the US about celebrities all the time that use that celebrity's image on the book (clearly NOT with their express permission) - because the book is non-fiction/editorial there is no redress for that celebrity wrt their right of publicity in a particular US state (for example, California)? (this is not a photo copyright question)</p>
<p>I'm finishing up a self-published book about the making of an old movie. I've long since decided to give the book a plain cover to avoid issues regarding US actors right of publicity, but like many things in this area it seems a bit grey and I'm curious.</p>
<p>See <a href="https://law.stackexchange.com/questions/83153/are-name-image-and-likeness-nil-of-public-athletes-protected-by-copyright">Are Name, Image and Likeness (NIL) of public athletes protected by copyright?</a></p>

<p>Some but not all US states, and some but not all countries, recognize a &quot;right of publicity&quot;.</p>
<p><a href="/questions/tagged/ohio" class="post-tag" title="show questions tagged &#39;ohio&#39;" rel="tag">ohio</a></p>
<p>In Ohio, the &quot;Right of publicity&quot; is protected by <a href="https://codes.ohio.gov/ohio-revised-code/chapter-2741" rel="nofollow noreferrer">Chapter 2741</a> of the Ohio Revised Code. This right extends to various aspects of a person's &quot;persona&quot;, and may be enforced by a civil suit.</p>
<p>In Ohio such a cover image would be a violation of the right of publicity <strong>unless</strong> the work on which it appears, or whch it is used to promote is a &quot;historical work&quot;, a &quot;literary work&quot; or a &quot;work of fiction&quot;. Those uses are exempt from these rights.</p>
